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Dhani Barik vs State Of Odisha

Orissa High Court · Decided on 4 September 2023 · Citation: (2023) 09 OHC CK 0023

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), 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1288 Of 2023
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Judgment

10 paragraphs · 347 words

G. Satapathy, J

1.

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

2.

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Mathili P.S. Case No. 0223 dated 30.10.2022 corresponding to Spl. G.R. Case No. 171 of 2022 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offences punishable Under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of exclusively possessing 100Kgs and 400 Grams of Contraband Ganja in four Jari Bags along with co-accused persons.

3.

In the course of hearing of the bail application, Mr. S.K. Baral, learned counsel for the Petitioner submits that no conscious possession of Contraband Ganja can be attributed to the Petitioner since the Contraband Ganja was recovered from a bushy place and, thereby, Section 37 of NDPS Act would not be attracted against the Petitioner for refusal of bail to him.

4.

On the other hand, Mrs. S.R. Sahoo, learned ASC, submits that since the Petitioner was found in conscious and exclusive possession of commercial quantity of Contraband Ganja, Section 37 of NDPS Act would operate as a bar for release of the Petitioner on bail.

5.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the mode and manner of recovery of Contraband Ganja and regard being had to the allegation against the Petitioner for possessing commercial quantity of Contraband Ganja to the tune of 100 Kgs and 400 Grams and the consequent failure of the Petitioner to satisfy the conditions of Section 37 of NDPS Act and taking into account the other circumstances on record in entirety, this Court is not inclined to grant bail to the Petitioner.

Hence, the bail application of the petitioner stands rejected. It is, however, open to the Petitioner to renew his prayer for bail after examination of seizure witnesses in this case.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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