The High Court of Orissa considered a bail application under Section 439 Cr.P.C. in an NDPS case involving possession of contraband ganja. The court held that the petitioner failed to satisfy the mandatory conditions of Section 37 NDPS Act and rejected the bail prayer.
Bail application rejected; trial to be expedited.
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.12812 of 2023
Ganesh Pelnal
Petitioner
Mr. A.P. Bose, Advocate
-versus-
State of Orissa
… Opposite Party
Mr. S.N. Das, ASC
CORAM: JUSTICE G. SATAPATHY
ORDER(ORAL)
21.02.2024
Order No.
04.
Arrangement (Virtual/Physical Mode).
Page 1 of 2
he has been implicated in this case for the possession of Contraband article by co-accused persons-pillion rider and therefore, the petitioner may kindly be granted bail. On the other hand, Mr. S.N. Das, learned ASC resisted the prayer of the petitioner on the ground of Section 37 of NDPS Act.
Hence, the bail application of the petitioner stands rejected. At the request of learned counsel for the petitioner, it is observed that the trial be expedited, if there is no other legal impediment.
Rules.
Signature Not Verified
(G. Satapathy) Judge
Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Feb-2024 10:50:15
Subhasmita
Page 2 of 2
2 issues framed by the court
Whether bail should be granted to the accused in a case under Section 20(b)(ii)(C) of the NDPS Act despite claims of involvement in possession by co-accused.
Whether the accused satisfied the mandatory twin conditions of Section 37 of the NDPS Act for bail.
3 provisions across 2 enactments
Ganesh Pelnal
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
