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Pradhani Jani Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Pradhani Jani Vs State of OdishaPradhani Jani v. State of Odisha

Dismissed

Pradhani Jani v. State of Odisha

Orissa HC9 Nov 2022BLAPL/8474/2022

Case brief

AI extract

What is this about?

Hearing an application for anticipatory bail under Section 439 CrPC in an NDPS case involving possession of 113 kg 540 grams of ganja. The Court held that commercial quantity attracts embargo under Section 37(1)(b) and rejected bail. Trial directed to conclude by end of April 2023.

What did the court decide?

Prayer for bail rejected; BLAPL dismissed; No.6; trial directed to complete by end of April 2023.

What the court decided

AI extract

Outcome

Prayer for bail rejected; BLAPL dismissed; No.6; trial directed to complete by end of April 2023.

Issue for consideration

Whether bail should be granted in an NDPS case involving commercial quantity of contraband under Section 37(1)(b) +2 more

Detailed headnote1 paragraphs

Bail denied in NDPS case where contraband quantity attracts commercial embargo under Section 37(1)(b). Parity with co-accused not upheld as prior orders did not address Section 37. Trial directed to be completed by April 2023 due to six witnesses already examined.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8474 of 2022

Pradhani Jani

…. Petitioner

Mr. M. Kanungo, Senior Advocate

-versus-

State of Orissa

…. Opposite Party Mr. K. Das, A.S.C.

CORAM: JUSTICE B. P. ROUTRAY

ORDER

09.11.2022

Order No.

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Sections 20(b)(ii)(C)/25/27-A/29 of the NDPS Act for alleged possession and transportation of contraband ganja weighing 113 kg. 540 grams.

Heard Mr. M. Kanungo, learned Senior Advocate for the Petitioner as well as Mr. K. Das, learned A.S.C. for the StateOpposite Party.

Mr. M. Kanungo, learned Senior Advocate submits on behalf of the Petitioner that all other co-accused persons have been released on bail by this Court in different bail applications and accordingly he prays to release this Petitioner on bail also.

None of the orders passed in respect of co-accused persons in BLAPL No.7306 of 2020, BLAPL No.8220 of 2020, BLAPL No.8040 of 2020 and BLAPL No.8511 of 2020 reveal anything dealing the provisions contained under Sections 37 of the NDPS

Page 1 of 2

Act and as such, those orders cannot be considered as the ground of parity in respect of the present Petitioner.

Considering the quantity of contraband allegedly seized which attracts commercial quantity, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act. The prayer for bail is rejected.

The BLAPL is dismissed.

However, it is submitted that in the meantime six witnesses have already examined in course of trial. As such, learned trial court is directed to complete the trial expeditiously, preferably by

end of April, 2023.

A copy of this order be communicated to the learned trial court.

( B.P. Routray)
Judge

B.K. Barik

Page 2 of 2

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether bail should be granted in an NDPS case involving commercial quantity of contraband under Section 37(1)(b)
2.
Whether orders of bail in co-accused can be treated as grounds for parity in the present application
3.
Whether the trial court is directed to conclude the trial expeditiously given examinations of witnesses

Statutes considered

3 provisions across 2 enactments

AI extract

Cr.P.C.439
NDPS Act20(b)(ii)(C)/25/27-A/2937(1)(b)

Parties & counsel

AI extract

petitioner
Pradhani Jani
respondent
State of Orissa

Coram

AI extract

B. P. ROUTRAY

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 9 Nov 2022 · November
Registered: 3 Sept 2022
Case no.: BLAPL/8474/2022
CNR: ODHC010580302022
Topic: Narcotics (NDPS)
Bench: B. P. Routray
Disposal: Rejected

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Cite this judgement

Pradhani Jani v. State of Odisha, BLAPL/8474/2022 (OD), decided on 9 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Cr.P.C.439
NDPS Act20(b)(ii)(C)/25/27-A/29 · 37(1)(b)

View all statutes

Bench / Coram

B. P. ROUTRAY

Parties & counsel