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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Sudesh Mistry – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of bail applications and charges. (Para 1 , 2 , 3) |
| 2. arguments presented by the petitioners and prosecution. (Para 4) |
| 3. evaluation of legal conditions for bail under ndps act. (Para 5 , 6 , 7) |
| 4. rejection of bail applications. (Para 8) |
JUDGMENT
G. Satapathy, J.
1. Since these three bail applications arise out of one and same case record, the same are taken up together and disposed of by this common order with the consent of the learned counsel for the parties.
2. These are applications U/S.483 BNSS by the petitioners for grant of bail in connection with Malkangiri PS Case No.248 of 2025 corresponding to Spl GR Case No.74 of 2025, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act.
3. The allegation as emerged out from the FIR discloses that while the informant police officer and his staff were conducting MV checking duty on 19.05.2024, they noticed two vehicles, one white color Bolero Neo bearing Regd. No.OD-30-D-8658 and one light blue color Tata Pickup Van bearing Regd. No.TS-12-UE-3701 loaded with plastic bags at Goudaguda chowk, Malkangiri and on suspic
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.
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 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.
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