High Court rejected bail application in narcotics case where applicant was apprehended transporting 445.8 kg ganja. Court held Section 37 bar applies due to commercial quantity, citing Apex Court precedent.
Prayer for bail rejected; case trial expedited; order disposed of.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9950 of 2021
Suresh Bisoi
…. Petitioner M/s.P.K.Sahoo , Advocate
-versus-
State of Orissa
…. Opp. Party M/s.P.K.Patnaik, A.G.A.
CORAM:
JUSTICE G. SATAPATHY ORDER
Order No.
12.10.2022
// 2 //
of contraband Ganja in a Bolero vehicle and Section 37 of N.D.P.S. Act would operate as a bar for release of the petitioner on bail and the petitioner, therefore, cannot be granted bail.
( G. Satapathy) Judge
Kishore
2 issues framed by the court
Whether bail can be granted under Section 439 Cr.P.C. when the accused is charged with transporting commercial quantity of ganja under Section 20(b)(ii)(C) NDPS Act.
Whether Section 37 of the NDPS Act bars release on bail due to involvement with commercial quantity of contraband.
Colour shows how this judgement treated each authority
Narcotics Control Bureau Vrs. Mohit AgarwalRelied on¶19
Narcotics Control Bureau Vrs. Mohit Agarwal; 2022 SCC Online SC 891 · Who else cites this
3 provisions across 2 enactments
Suresh Bisoi
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
