The High Court of Orissa granted bail to the petitioner in a case involving illegal possession of ganja under the NDPS Act, directing release on bond with sureties subject to verification of criminal antecedents.
Release on bail by furnishing bond of Rs. 50,000 with two local solvent sureties each for like amount, subject to verification of criminal antecedents.
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.3329 of 2023
Ajit Raula
…. Petitioner
Mr.Jyuotirmaya Sahoo, Advocate
-versus-
State of Odisha
…. Opposite Parties Mr.M.K.Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
Order No. ORDER
04.05.2023
// 2 //
about 10.30 A.M., while the raiding party was returning from the forest, accompanying Police Officer receiving reliable information from his source that huge quantity of contraband Ganja has been illegally stored in the house of one Duba Sabar and Kureshu Ganmanga. Upon getting such information, the raiding party proceeded to the spot and conducted a raid on the houses as per the information received. While searching the houses, they found no one was available in the said houses. However, the houses were identified and it was further ascertained that one Duba Sabar and Kureshu Gamanga, names have been written on the walls as beneficiary of Indira Awas Yojona. The local R.I. also identified the houses of the above named two persons. The raiding party searched the houses in presence of the independent witnesses and during such search they found that nobody is present in the said houses, however, 15 numbers of bags seized from those two houses, on weighment of the above 15 numbers of bags came to total 1460 Kgs. of contraband ganja. Accordingly, a formal F.I.R. was registered and the investigation carried on.
// 3 //
Petitioner submitted that the Petitioner be enlarged on bail subject to such terms and conditions as would be deemed fit and proper by this Court.
RKS
RAMESH Digitally signed by RAMESH KUMAR KUMAR SINGH Date: 2023.05.05 SINGH 18:41:01 +05'30'
( A.K. Mohapatra ) Judge
2 issues framed by the court
Whether bail should be granted to the petitioner in the secondary nature of offence given the release of co-accused on bail.
Whether the petitioner can be released on bail subject to verification of criminal antecedents.
2 provisions across 2 enactments
Ajit Raula
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
