Dismissed

Santosh Kumar @ Singh v. State of Odisha

Orissa HC27 Jun 2023BLAPL/520/2023

Case brief

AI extract

What is this about?

This order rejects a bail application filed by Santosh Kumar, a disabled petitioner, under Section 439 Cr.P.C. for an offence under Section 20(b)(ii)(C) of the NDPS Act. The court held that despite the petitioner's disability and claim of being a passenger, he failed to satisfy the mandatory conditions for bail under Section 37 of the NDPS Act due to the commercial quantity of contraband involved

What did the court decide?

Bail application rejected; the BLAPL stands disposed of.

Santosh Kumar @ Singh Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.520 of 2023

¶3

Santosh Kumar @ Singh … Petitioner

¶4

Mr. P.Nayak, Advocate

¶5

-versus-

¶6

State of Odisha

¶7

… Opposite Party Mr. S.R.Roul, ASC

¶8

CORAM: JUSTICE G. SATAPATHY

ORDER

Order

27.06.2023

No. 04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶13

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with 2(a) C.C. Case No.50 of 2022 arising out of Cuttack PR No. 202 of 2022 pending in the file of learned Sessions Judgecum-Special Judge, Cuttack for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 147 Kgs. of Contraband Ganja in a Maruti Suzuki SX4 car bearing Registration No. OD-01-AN-2754.

¶14

In the course of hearing of the bail application, Mr. P.Nayak, learned counsel for the petitioner submits that the peculiar thing of the case is that the petitioner

¶15

Page 1 of 3

¶16

was a passenger in the car and he was neither possessing any Contraband Ganja nor was he in connection with transportation of such Contraband Ganja, but the petitioner has been falsely implicated in this case for transportation of 147 Kgs. of Contraband Ganja. It is further submitted by him that the petitioner is a handicapped person and he has got 45% disability and thereby, he urged to this Court to take a lenient view to grant bail to the petitioner at least by taking into consideration the disability of the petitioner. Mr.Nayak has also relied one decision in the case of Prem Singh Vrs. State of Rajasthan; 2023 SCC OnLine SC 128 for grant of bail to disable person.

¶17

On the other hand, Mr. S.R.Roul, learned ASC, however, strongly opposes the bail application of the petitioner by resorting to Section 37 of NDPS Act. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for transporting 147 Kgs. of Contraband Ganja in a Car, but it is pointed out by the learned counsel for the petitioner that the registration number as affixed with the car was found to be of one Yamaha motor cycle belonging to one Kamala Kanta Roul. The decision relied upon by learned counsel for the petitioner is not relating to any case for commission of offence involving commercial quantity of Contraband Ganja where mandatory provision like Section 37 of

¶18

Page 2 of 3

¶19

NDPS Act is required to be satisfied for grant of bail. Besides, learned counsel for the petitioner could not clarify or point out from the prosecution materials that the petitioner was travelling in the aforesaid car as a passenger and on the other hand, there is prima facie material against the petitioner for transporting commercial quantity of Contraband Ganja to the tune of 147 Kgs and last but not the least, the petitioner has failed to satisfy this Court the mandatory conditions of Section 37 of NDPS Act for grant of bail to him.

¶20

In view of the aforesaid facts and circumstance and taking into consideration the aforesaid discussions, this Court is not inclined to grant bail to the present petitioner.

¶21

Hence, the bail application of the petitioner stands rejected.

¶22

Accordingly, the BLAPL stands disposed of.

¶23

Issue urgent certified copy of the order as per Rules.

¶24

(G. Satapathy)

¶25

Judge

¶26

Signature Not Verified

¶27

Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary kishore Reason: Authentication Location: High Court of Orissa Date: 28-Jun-2023 10:52:08

¶28

Page 3 of 3

Santosh Kumar @ Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar @ Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Binu@ Biswajit Mohanta Vs State of Odisha

Amar @ Amarnath Majhi @ Amara Nath Majhi Vs State of Odisha

Rabindra Digal Vs State of Odisha

Balaram Behera Vs State of Odisha

Runa Lima Vs State of Odisha

Ajit Mohanty Vs State of Odisha