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Sushil Naik vs State Of Odisha

Orissa High Court · Decided on 26 June 2023 · Citation: (2023) 06 OHC CK 0102

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)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2258 Of 2023
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Judgment

10 paragraphs · 367 words

G. Satapathy, J

1.

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

2.

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special 2(a) C.C. Case No.01 of 2023 arising out of PR No. 209 of 2022-23 pending in the file of learned Special-cum-Sessions Judge, Sonepur for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 40 Kgs. of Contraband Ganja in a Maruti Suzuki Alto-800 car bearing No. OD-03-A-4466.

3.

In the course of hearing of the bail application, Mr. S.S.Mohapatra, learned counsel for the petitioner submits that the petitioner having being detained in custody since 01.01.2023, but in the meanwhile P.R. has already been submitted in this case and the present petitioner being the driver of the vehicle was not having any knowledge of any transportation of Contraband Ganja in his car and whatever has been seized from the car has been loaded by the owner of the vehicle and the petitioner being an innocent driver, 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 on the ground that the petitioner having found in conscious possession of the commercial quantity of Contraband Ganja which he was transporting in the car and the petitioner, therefore, should not be enlarged on bail in view of the strict embargo prescribed 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 manner and circumstance of recovery of commercial quantity of Contraband Ganja to the tune of 40 Kgs. from the car which was allegedly being driven by the petitioner at the relevant time of search and detection and consequent failure of the petitioner to satisfy this Court about the mandatory conditions prescribed U/S. 37 of NDPS Act, 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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