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1993 Supreme(Ori) 10

R.K.PATRA, L.R.RATH
BIMBADHAR BEHERA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
DEBASHIS DAS, S.D.Das

L. RATH, J.

( 1 ) THIS application made by the petitioner under section 439 of the Code of Criminal Procedure is before us by way of a reference made by a learned Single Judge of this Court because of apparent difference between two judgments by two different single Benches as regards applicability of section 27 (b) read with Explanation (2) to section 27 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act), when the question of bail of a person arrested in connection with offence under the Act is concerned. The petitioner was arrested on 26/10/1992 with ganja of about 30 grams kept in 30 packets, two Chillams; three small clothes and cash of Rs. 181. 50 paise representing the sale proceeds. His application for bail having been rejected by the Sessions Judge, he has filed the present application for enlargement on bail. Before the learned Single Judge contention was advanced that the quantity of ganja recovered from the petitioner being small, as notified by the Government in accordance with Explanation (1) to section 27, he, is entitled to bail. Since two decisions were cited before the learned Single Judge, one Bharat Chhula Singh @ Chual Si






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