This order rejects an application for bail under Section 439 Cr.P.C. The High Court, viewing the quantity of ganja as commercial, held that the embargo under NDPS Act Section 37(1)(b) made bail inappropriate.
Prayer for bail rejected; petitioner not released on bail.
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.1896 of 2023
Hrusikesh Sahoo
…. Petitioner
Mr. A.K.Sahoo, Advocate
-versus-
…. Union of India ( NCB) Opp. Party Mr. U.R.Jena, CGC
CORAM: SHRI JUSTICE B. P. ROUTRAY
ORDER
10.04.2023
Order No.
( B.P. Routray) Judge
S.Das
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. in a case involving commercial quantity of ganja under the NDPS Act.
Whether the embargo under Section 37(1)(b) of the NDPS Act precludes the grant of bail in commercial quantity cases.
3 provisions across 2 enactments
Hrusikesh Sahoo
Union of India (NCB)
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
