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Animesh Gharami vs State Of Odisha

Orissa High Court · Decided on 11 July 2023 · Citation: (2023) 07 OHC CK 0080

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 27A, 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5065 Of 2023
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Judgment

10 paragraphs · 352 words

G. Satapathy, J

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is a successive bail application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Kalimela P.S. Case No. 252 of 2022 corresponding to Spl. G.R. Case No. 152 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offence punishable U/Ss. 20(b)(ii)(C)/27-A of the NDPS Act, on the main allegation of transporting 40 kgs of Contraband Ganja in an Auto Rickshaw. The petitioner purports to renew his prayer for bail after submission of charge-sheet.

3.

In the course of hearing of the bail application, Ms. B, Sahoo, learned counsel for the Petitioner submits that the present petitioner is renewing his prayer for bail after submission of charge-sheet and the petitioner having falsely implicated in this case, may kindly be granted bail.

4.

On the other hand, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the petitioner by submitting interalia that since the quantity of Contraband Ganja involved in this case is coming under commercial quantity, the Petitioner should not be granted bail in view of the bar U/S. 37 of NDPS Act.

5.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the recovery of 40Kgs of Contraband Ganja from the Auto Rickshaw which was allegedly being driven by the Petitioner at the time of his apprehension and regard being had to the mandate of Section 37 of NDPS Act and the consequent failure of the Petitioner to satisfy the Court in respect of twin conditions as enumerated therein for grant of bail and there being no change in circumstance after refusal of bail to the petitioner in BLAPL No. 10750 of 2022 in the meanwhile, this Court is not inclined to grant bail to the Petitioner.

Hence, the bail application of the Petitioner stands rejected.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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