Single judge order granting bail to petitioner charged under NDPS Act for possession of ganja. Bail granted subject to stringent conditions including periodic police reporting and verification of antecedents.
Petitioner released on bail with two sureties each amounting to Rs.35,000/- subject to stringent conditions including periodic police reporting.
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.7785 of 2024
Dhananjay Kumar Chouhan ..... Petitioner
Represented By Adv. - Susanta Kumar Sahu
-versus-
State Of Odisha
..... Opposite Party
Represented By Adv. – D.Nayak, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
20.08.2024
Order No.
Page 1 of 4.
custody since 20.06.2024. He further contended that the investigation has progressed substantially. Further, referring to the allegations made in the F.I.R., learned counsel for the Petitioner submitted that the petitioner has been falsely implicated in the present case on the contraband articles have been recovered from his exclusive and conscious possession. He further submitted that as per the prosecution allegation a total quantity of ganja seized, i.e., 31 kgs. 300 gms., was recovered from two accused persons. He further submitted that the bar under Section 37 of the N.D.P.S. Act would not be attracted. He further submitted that the Petitioner does not have any similar criminal antecedent. Further contends that the petitioner does not belong to State of Odisha, therefore, the Petitioner is ready and willing shall abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. 5. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that such cases are increasing day-by-day and no leniency should be shown to the petitioner. He further submitted that the Petitioner belongs to State of Bihar, therefore, release of the Petitioner be difficult to ensure the appearance of the Petitioner before the Trial Court during trial. Further contends that the Investigation is still on. In such view of the matter, he submitted that the bail application of the Petitioner be rejected at this juncture.
Page 2 of 4.
Petitioner on bail subject to imposition of stringent conditions.
II) He shall not be involved in any offence of similar nature while on bail;
IV) He shall not make any default in attending the court during trial on each date without fail;
V) He shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial.
Violation of any of the terms and conditions shall entail cancellation of bail.
Page 3 of 4.
Rubi
having any similar criminal antecedent, this bail order shall automatically stand revoked.
( A.K. Mohapatra ) Judge
Signature Not Verified
Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Aug-2024 17:25:32
2 issues framed by the court
Whether the petitioner, accused of an offence under the NDPS Act, be released on bail subject to stringent conditions.
Whether the petitioner, being a non-resident of the State of Odisha, should be granted bail given the risk of surrendering.
3 provisions across 2 enactments
ADITYA KUMAR MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
