High CourtsSingle Bench

Jagannath Sabar vs State Of Odisha

Orissa High Court · Decided on 18 August 2023 · Citation: (2023) 08 OHC CK 0118

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), 29, 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2828 Of 2023
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Judgment

9 paragraphs · 254 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 Padmapur P.S. Case No. 142 of 2022 corresponding to T.R. Case No. 148 of 2022 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Gunupur for commission of offences punishable Under Sections 20(b)(ii)(C)/29 of NDPS Act, on the allegation of possessing and transporting 42Kgs and 200 Grams of Contraband Ganja on a Motor Cycle bearing Registration No. OD-07-E-8998.

3.

Heard, Mr. M.S. Hasan learned counsel for the Petitioner and Mr. R.B. Mishra, learned AGA in the matter and perused the record.

4.

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 mode and manner of detection and recovery of 42Kgs and 200 Grams of Contraband Ganja along with the Petitioner on a Motor Cycle and the consequent failure of the Petitioner to satisfy the conditions of Section 37 of NDPS Act and taking into account the materials placed on record in entirety, this Court is not inclined to grant bail to the Petitioner.

Hence, the bail application of the petitioner stands rejected. However, the Petitioner may renew his prayer for bail after commencement of the trial or after two months whichever is earlier.

5.

Accordingly, the BLAPL stands disposed of.

6.

Issue urgent certified copy of the order as per Rules.

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