The High Court allowed the petitioner's bail application in a case involving alleged offence under NDPS Act for transporting ganja, directing release on furnishing bail bond with surety subject to conditions.
Petitioner released on bail upon furnishing a bond of Rs.35,000 with one local solvent surety for similar amount, subject to specified conditions.
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.1678 of 2024
Bijay Sabar
.....
Petitioner
Represented By Adv. - Ashok Das
-versus-
State Of Odisha
.....
Opposite Party
Represented By Adv. – Mr. S.S. Mohapatra, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
25.07.2024
Order No.
Page 1 of 3.
further contended that as per allegation of the FIR, 70.450 Kgs. Ganja have been recovered from three accused persons including the petitioner. It is further contended that the petitioner is the driver of the Bolero vehicle, from which the alleged contraband Ganja was recovered. So far as other two accused persons are concerned, they were fled away from the spot. It is further contended that other coaccused persons have already been released on bail by this Court vide order dated 09.05.2024 in BLAPL No.1294 of 2024. It is also contended that the Petitioner belongs to locality and there is no chance of absconding. He further submitted that the Petitioner does not have any similar criminal antecedents. In such view of the matter, learned counsel for the Petitioners submitted that the Petitionersbe released on bail on any terms and condition which the Petitioners undertake to abide by while on bail.
Page 2 of 3.
criminal antecedents, this Court is inclined to release the Petitioners on bail on furnishing each of a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioners shall also be subject to following conditions:-
Violation of any of the terms and conditions shall entail cancellation of bail.
( A.K. Mohapatra)
Alok Signature Not Verified
Judge
Digitally Signed Signed by: ALOK RANJAN SETHY Designation: A.R-cum-Sr. Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 26-Jul-2024 10:48:07
Page 3 of 3.
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving alleged offence under NDPS Act for transporting ganja.
4 provisions across 2 enactments
Bijay Sabar
State Of Odisha
Aditya Kumar Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
