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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Rupesh Singh Bhesra – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. bail application details and allegations (Para 1) |
| 2. arguments for and against bail (Para 2) |
| 3. court's analysis of bail conditions and statutory requirements (Para 3) |
| 4. decision to reject bail application (Para 4 , 5) |
JUDGMENT :
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Tarva PS Case No.178 of 2025 corresponding to Spl. GR Case No.42 of 2025 pending in the file of learned District and Sessions Judge-cum-Special Judge, Sonepur, for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 9 Quintals 35 Kgs 140 Grams of Contraband Ganja in his vehicle by entering into conspiracy with co-accused persons.
2.1. It is, however, placed on record by way of judgment by the learned counsel for the Petitioner that the Petitioner being implicated in similar case for transportation of Contraband article, has already been acquitted in CT No. 32 of 2019 of the Court of learned Special Judge, Kandhamal, Phulbani.
3. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner for entering into conspiracy with co-ac
Under Section 37 of the NDPS Act, bail involving commercial quantities can only be granted if the accused shows reasonable doubt of guilt, which the petitioner failed to demonstrate.
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The court denied bail based on the substantial quantity of contraband exceeding commercial threshold and the petitioner's failure to meet Sec. 37 conditions under the NDPS Act.
The court emphasized that bail cannot be granted under the NDPS Act for commercial quantity offences unless conditions for non-guilt and lack of re-offending are satisfied, which were not met by the ....
Section 37 of NDPS Act specifically stipulates certain conditions to be satisfied for purpose of granting bail.
The legal principle established is that adherence to procedural safeguards during arrest is essential, but failure to satisfy conditions mandated by Section 37 of the NDPS Act prevents bail in cases ....
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