The High Court dismissed the applicant's second bail application under Section 439 Cr.P.C. in a matter involving prohibited brown sugar under the NDPS Act, declining to allow bail due to the quantity seized and Section 37 provisions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9242 of 2024
Sarathi Nayak
….. Petitioner
Mr. A.P. Bose, Advocate
Vs.
State of Odisha
….. Opp. Party Ms. Sarita Moharana, A.S.C.
CORAM: JUSTICE SAVITRI RATHO
ORDER
20.12.2024
Order No.
(Through hybrid mode)
Ms. Sarita Moharana, learned Additional Standing Counsel for the State.
been dismissed on 02.05.2024 by this Court.
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stated that while the accused persons were standing outside the house of petitioner, police arrived at the spot and on search the brown sugar was recovered from petitioner. He further submits that petitioner has a similar criminal antecedent under the NDPS Act, but he has been granted bail by this Court in the said case.
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trial Court is requested to make an endeavour to complete the trial by the end of May, 2025, if there is no other legal impediment.
(Savitri Ratho) Judge
Sukanta
Signature Not Verified
Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Jan-2025 20:33:20
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2 issues framed by the court
Whether the petitioner should be granted bail in a second application under the NDPS Act given the quantity of drugs seized and his criminal antecedents.
Whether Section 37 of the NDPS Act bars the release of the petitioner on bail considering the circumstances of the case.
3 provisions across 2 enactments
Sarathi Nayak
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
