Regular bail application under Section 439 CrPC for offence under Section 20(b)(ii)B NDPS Act involving recovery of 4 kg 800 gms ganja, below commercial quantity. Court held Section 37 bar not attracted and granted bail with conditions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7485 of 2024
Biranchi Mallick
.....
Petitioner
Represented By Adv. -
Surendra Kumar Biswal
-versus-
State Of Odisha
..... Opposite Parties Represented By Adv. -
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
06.08.2024
Order No.
Page 1 of 3 .
since 12.07.2024. It is contended by the learned counsel for the Petitioner that investigation in this case has progressed substantially. He further submitted that a total quantity of 4 kg. 800 gms of ganja were recovered from the possession of the Petitioner. He further contended that the seized contraband Ganja is less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. It is also contended that the Petitioner does not have similar criminal antecedent. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions which they shall abide by while on bail.
Page 2 of 3 .
Petitioner, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case and the period of custodial detention of the Petitioner and that the Petitioner does not have similar criminal antecedent, this Court is inclined to release the Petitioner on bail.
Violation of any of the terms and conditions shall entail cancellation of bail.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra) Judge
RKS
Page Signature Not Verified 3 of 3 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 07-Aug-2024 16:25:00
1 issue framed by the court
Whether a person in custody for possessing less than commercial quantity of ganja is entitled to regular bail despite the State's objection.
3 provisions across 2 enactments
Biranchi Mallick
State of Odisha
Aditya Kumar Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
