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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 :
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.
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 inside jail custody and the petitioner is in fact not found in conscious possession of Contraband article and, therefore, the petitioner may kindly be granted bail. In echoing such submission, Mr. Sanjib Kumar Bhanjadeo, learned counsel for the petitioner in BLAPL No. 13113 of 2024 also prays to grant bail to the petitioner.
4. After having considered the rival submission upon perusal of record, there appears allegation against the petitioners for jointly possessing 103
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.
Recovery and seizure - Scheme of Section 37reveals that exercise of power to grant bail is not only subject to limitations contained under Section 439 of Cr.PC, but is also subject to limitation plac....
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
Under Section 37 of the NDPS Act, bail can only be granted if the accused demonstrates reasonable grounds for believing in non-guilt, which the petitioner failed to do.
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