High CourtsSingle Bench

Hemant Kumar Choudhry @ Hemant Kumar Chodhary Vs State Of Orissa

Orissa High Court · Decided on 10 January 2024 · Citation: (2024) 01 OHC CK 0087

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.14658 Of 2023
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Judgment

9 paragraphs · 232 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 P.R. No. 342 of 2023-24 of S.I. of Excise E.I. & E.B. Unit-II(N.D.), Sambalpur corresponding to T.R. No. 109 of 2023 pending before the file of learned Sessions Judge-cum- Judge(Special Court), Sambalpur for commission of offences punishable under Section 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 50Kgs of Contraband Ganja in a Toyota ETIOS car bearing Registration No. JH-05-AM-6457.

3.

Heard Mr.S.Panda, learned counsel for the petitioner and Mrs. S.R.Sahoo, learned ASC in the matter and perused the record.

4.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioner and regard being had to the recovery of 50 Kgs. of Contraband Ganja from a Toyota ETIOS car bearing Registration No. JH-05-AM-6457 in which the petitioner was found to be an occupant and failure of the petitioner to satisfy the Court the twin conditions as prescribed U/s. 37 of NDPS Act for grant of bail, this Court is not inclined to grant bail to the petitioner.

5.

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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