Single Judge High Court of Orissa rejected the bail application of Sukadev Das charged with allegedly possessing commercial quantity of Ganja under N.D.P.S. Act, finding insufficient satisfaction for release.
Prayer for bail rejected; trial to be expedited.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6126 of 2022
Sukadev Das
…. Petitioner Mr. G. Siddique , Advocate
-versus-
State of Orissa
…. Opp. Party Mr. P.K.Patnaik, AGA
CORAM:
JUSTICE G. SATAPATHY
ORDER
Order No.
29.11.2022
per person which is an intermediate quantity and, therefore, the bar U/S. 37 of N.D.P.S. Act is not attracted against the petitioner in this case. It is further submitted that the petitioner having been detained in judicial custody since 11.06.2022, may kindly be enlarged on bail. 4. On the contrary, learned counsel for the State, however, strongly opposes the bail application of the petitioner and he inter alia submits that the quantity of contraband Ganja seized in this case is 30Kgs., which is coming under commercial quantity and the mandate of Section 37 of N.D.P.S. Act is required to be satisfied by the petitioner for grant of bail to him and the petitioner having not fulfilled the twin conditions enumerated therein, cannot be released on bail. It is accordingly prayed by him to reject the bail application of the petitioner.
// 3 //
Trial be expedited as requested by learned counsel for the petitioner.
kishore
2 issues framed by the court
Whether bail should be granted to the accused charged with commercial quantity of Ganja under the N.D.P.S. Act considering the conditions of bail under Section 37.
Whether the accused satisfies the reasonable grounds test and conditions regarding commission of further offences for bail.
3 provisions across 2 enactments
Sukadev Das
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
