High Court bench dismissed bail petition of petitioner convicted under NDPS Act. Court held statutory bar under Section 37(1) prevents bail as court could not record satisfaction that petitioner is not guilty or unlikely to commit such offences. Bail prayer rejected.
Bail Application dismissed.
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. 8546 of 2024
Padman Mahanandia
…. Petitioners Mr. S.S. Ray-2, Adv.
-versus-
…. State of Odisha Opposite Party Mr. G.R. Mohapatra, ASC
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER No. 08.10.2024
| F.I.R. No. |
Dated | Police Station |
Case No. and Courts’ Name |
Sections |
|---|---|---|---|---|
| 38 | 31.05.2020 | Gudari | T.R. Case No.06(A)/2020 pending in the court of learned Addl. Sessions Judge-cum- Spl. Judge, Gunupur |
Section 20(b)(ii)(C) of the N.D.P.S. Act. |
Signature Not Verified3. The petitioner being in custody in connection with T.R
Digitally Signed Signed by: LITARAM MURMUReason: Authentication Case No. 06(A)/2020 arising out of Gudari P.S. Case No.38 Location: High Court of Orissa C uttac k Date: 09-Oct-2024 17:00:40
Page 1 of 3
of 2020, pending in the court of the learned Additional Sessions Judge-cum-Special Judge, Gunupur , registered for the alleged commission of offence under Sections 20(b) (ii)(C) the NDPS Act, has filed this petition for his release on bail.
has been seized from the conscious possession of the Signature Not Verified present Petitioner and he is in custody since 08.06.2024. He Digitally Signed Signed by: LITARAM MURMU Reason: Authentication further submits that some of the co-accused persons stand Location: High Court of Orissa C uttac k Date: 09-Oct-2024 17:00:40
Page 2 of 3
on similar footing, have already been released on bail. Hence, he submits that, the prayer of the present Petitioner may be allowed.
(Dr. S.K. Panigrahi)
Murmu
Signature Not Verified
Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: High Court of Orissa C uttac k Date: 09-Oct-2024 17:00:40
Page 3 of 3
3 issues framed by the court
Whether bail can be granted under Section 37(1) of the NDPS Act when there is no possibility of recording satisfaction regarding guilt or future conduct.
Whether the petitioner's prayer for release on bail lacks merit given the nature of the charge and statutory restrictions.
Whether the bail application in an NDPS offence shall be allowed or dismissed considering the stringent punishment and statutory bar.
1 provisions across 1 enactments
Padman Mahanandia
State of Odisha
S. K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
