Petitioner sought bail for an offence under section 20(b)(ii)(B) of the N.D.P.S. Act involving 3 kg 950 grams of ganja. The High Court held that since the quantity was less than commercial, section 37 did not apply, and granted bail.
Petitioner released on bail on furnishing bail bond of Rs.50,000/ with two local solvent sureties.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11324 of 2024
Prafulla Tandi …. Petitioner
Mr. T.P. Mohapatra, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. P.S. Nayak, Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 29.11.2024
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 483 of B.N.S.S. in connection with Lathor P.S. Case No.225 of 2024 corresponding to Special G.R. Case No.37 of 2024 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Patnagarh for alleged commission of offence under section 20(b)(ii)(B) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cum- Special Judge, Patnagarh, which was rejected on 30.10.2024.
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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 11.10.2024 and the quantity of ganja stated to have been seized from the possession of the petitioner is 3 kg. 950 grams which is lesser than the commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction for the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the condition that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial.
Violation of any of the conditions shall entail cancellation of bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
Signature Not Verified
Judge
Digitally Signed Signed by: RABINDRA KUMAR MISHRARKM Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 30-Nov-2024 16:07:51
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1 issue framed by the court
Whether the bar under section 37 of the N.D.P.S. Act is applicable where the seized quantity is less than commercial quantity?
3 provisions across 2 enactments
Prafulla Tandi
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
