In bail application under S. 439 Cr.P.C., petitioner challenged possession of 66Kgs. Ganja. Court rejected bail as commercial quantity invoked S. 37 N.D.P.S. bar, failing to find satisfaction of innocence.
Bail application rejected; petitioner remains in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6119 of 2022
Sagar Rout
…. Petitioner M/s. T.K.Swain Advocate
-versus-
State of Orissa
…. Opp. Party M/s.M.Mishra, A.S.C.
CORAM:
Order No.
JUSTICE G. SATAPATHY ORDER 15.11.2022
// 2 //
opposing the bail application of the petitioner submits that Section 37 of N.D.P.S. Act would operate as a bar for release of petitioner on bail since the petitioner was found in possession of 66Kgs. of contraband Ganja and he, therefore, prays to reject the bail application of the petitioner.
Kishore
2 issues framed by the court
Whether bail should be granted to the petitioner accused of possessing commercial quantity of Ganja under S. 20(b)(ii)(C) of N.D.P.S. Act.
Whether Section 37 of N.D.P.S. Act bars release on bail in cases involving commercial quantities of narcotics.
3 provisions across 2 enactments
Sagar Rout
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
