Bail application under Section 439 Cr.P.C. in an NDPS case where over 4335 kg of ganja was seized from a truck registered in the petitioner's wife's name. Bail was rejected as Section 37 NDPS Act barred release, given the quantity seized and a similar NDPS antecedent, with liberty to renew if trial is unduly delayed.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 5261 of 2024
Sarat Kumar Dey
….. Petitioner
Mr. A. P. Bose, Advocate
Vs.
State of Orissa
Opp. Party
Ms. Sarita Maharana, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO ORDER
20.12.2024
(Through hybrid mode)
Order No.
10.
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has been rejected vide order dated 12.04.2024 in BLAPL No.3544 of 2024.
Page 2 of 5
(SC) 641 for which he may be granted bail. He also submits that although it has been alleged that out of five antecedents two cases are registered under Section 20(b)(ii)(C) of the NDPS Act. He is not an accused in R. Udaygiri PS Case No. 54 of 2020 and that he has
been granted bail in R. Udaygiri P.S. Case No. 138 of 2022 by this Court in BLAPL No. 4539 of 2024 on 20.05.2024 taking note of the
ratio decided in Tofan Singh vs. State of Tamilnadu .
6. He is alleged to be accused in:-
1. R. Udaygiri P.S. Case No. 54 dated 20.08.2020 under Section 20(b)(ii)(C)/25/29 of the NDPS Act,
2. R. Udaygiri P.S. Case No. 34 dated 27.02.2021 under Section 224/24 IPC,
3. R. Udaygiri P.S. Case No. 138 dated 13.11.2022 under Section 20(b)(ii)(C)/25/29 of the NDPS Act,
4. Brahmagiri PS Case No. 203 dated 02.11.2014 under Section 394 of IPC,
5. Brahmagiri PS Case No. 15 dated 02.02.2020 under Section 342/294/379/506 of IPC,
6. Brahmagiri PS Case No. 166 dated 13.07.2022 under Section 341/294/323/324/427/379/506/34 of IPC.
prayer for bail stating that huge quantity of Ganja- 4335kg 500gm
have been seized in the case and apart from the statement of the
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co-accused the complicity of the petitioner is also made out as he was found to be moving in the area and his wife Mausumi Dey is the owner of the vehicle which was being used by him for transporting ganja. She also submits that in view of the fact that the petitioner has two criminal antecedents under Section 20 (b) (ii) (C) of the NDPS Act and in view of quantity of ganja seized, Section 37 of the NDPS Act will be a bar for consideration/releasing him on bail. She further submits that co-accused Pramod Kumar Tandi @ Tuna against whom similar allegations were made has also been rejected at the stage of investigation.
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(Savitri Ratho) Judge
Subhalaxmi
Signature Not Verified
Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 13-Jan-2025 15:46:17
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1 issue framed by the court
Whether the petitioner should be granted bail under Section 439 Cr.P.C. despite the bar of Section 37 NDPS Act, given seizure of 4335 kg ganja from a truck registered in his wife's name and his NDPS a
Colour shows how this judgement treated each authority
Tofan Singh vs. State of TamilnaduReferred
(2020) 80 OCR (SC) 641
3 provisions across 2 enactments
Sarat Kumar Dey
State of Orissa
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
