The High Court of Orissa rejected the bail application of Ashok Kumar Rout, accused of possessing 44 Kgs of contraband ganja. The court held that the quantity was commercial and the petitioner failed to satisfy the mandatory requirements of Section 37 of the NDPS Act.
Bail application stands rejected; BLAPL disposed of.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3369 of 2023
Ashok Kumar Rout @ Ashok
… Petitioner
Mr. R.C.Behera, Advocate -versus-
State of Odisha
… Opposite Party
Mr. S.S.Pradhan, AGA
CORAM: JUSTICE G. SATAPATHY
ORDER 23.06.2023
Order 23.06.2023 No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
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implicated in this case due to some political rivalry, but he is innocent of the offence. It is further submitted that the petitioner is no way connected with the farmhouse nor was he in conscious possession of any Contraband article and the petitioner having detained in custody since 15.02.2023 may kindly be granted bail. 4. On the other hand, Mr. S.S.Pradhan, learned AGA very emphatically submits that the petitioner was found in conscious possession of 44 Kgs of Contraband Ganja which is coming under commercial quantity and therefore, the petitioner should not be enlarged on bail. 5. After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the allegation against the petitioner for possessing 44 Kgs. of Contraband Ganja which is coming under commercial quantity and regard being had to the failure of the petitioner to satisfy the mandate of Section 37 of NDPS Act, this Court does not considers it proper to grant bail to the petitioner.
Hence, the bail application of the petitioner stands rejected.
(G. Satapathy) Judge
Signature Not Verified
Digitally Signed Signed by: KISHORE KUMAR SAHOO kishore Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 24-Jun-2023 12:55:03
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1 issue framed by the court
Whether bail should be granted to the petitioner accused of possessing commercial quantity of contraband ganja under the NDPS Act.
3 provisions across 2 enactments
Ashok Kumar Rout @ Ashok
State of Odisha
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
