IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Rakesh Kumar Barik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. bail applications connected to one case. (Para 1 , 2) |
| 2. arguments for and against granting bail. (Para 3) |
| 3. court's analysis on bail conditions. (Para 4 , 5) |
| 4. court's conclusion on bail denial. (Para 6) |
JUDGMENT :
G. Satapathy, J.
1. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
2. These are two bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Special Task Force PS Case No.16 of 2022 arising out of TR Case No.57 of 2022 for commission of offences punishable U/Ss. 21(C)/29 of the NDPS Act pending in the Court of learned 2nd Addl. Sessions Judge-cum-Spl. Judge under NDPS Act, Khordha, on the main allegation of jointly possessing 1030 Grams of Brown Sugar, along with co-accused persons.
3. In the course of hearing, Mr. Achyutananda Pattanaik, learned counsel for the petitioner in BLAPL No. 7794 of 2024 submits that co-accused Santosh Rautray @ Routray & Jagabandhu Biswal have already been granted bail by a Coordinate Bench of this Court, but the present Petitioner is languishing insi
The court emphasized that for bail involving commercial quantities under the NDPS Act, satisfaction of conditions under Section 37 is essential, impacting the decision against bail.
The court determined that the conditions under Section 37 of the NDPS Act must be satisfied for granting bail in cases related to commercial quantities of drugs, emphasizing the significance of previ....
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 ....
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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