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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Hrusikesh Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of bail applications (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented by the petitioners and state (Para 8 , 9 , 10 , 11) |
| 3. court's observations on the case and interpretation of law (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. ratio decidendi regarding bail grant (Para 18 , 19 , 20) |
| 5. conclusion and order regarding bail (Para 21 , 22) |
JUDGMENT :
Savitri Ratho, J.
These applications have been filed under Section 439 of Cr.P.C. in connection with Patnagarh P.S. Case No. 317 of 2023 corresponding to Special G.R. Case No. 44 of 2023 pending in the Court of the learned Addl. Sessions Judge -cum- Special Judge, Patnagarh registered for commission of offences punishable under Sections 21 (C)/29 of the N.D.P.S. Act.
2. Charge sheet dated 07.06.2024 has been filed in this case for commission of offences punishable under Sections 21 (C)/29 of the N.D.P.S. Act against the present petitioners and co-accused Anirudha Meher.
3. The prayer for bail of the petitioner- Hrusikesh Behera has been rejected on 25.04.2024 by the learned Additional Sessions Judge, Patnagarh.
4. The earlier application BLAPL No. 36 of 2024 filed by the petitioner Rohit Kumar Singh had been
The court established that lack of sufficient evidence beyond confessions permits bail under the NDPS Act, especially when petitioners have no history of drug-related offences.
Fulfillment of requirements as enumerated in Section 37 are a pre-requisite before granting bail to accused who is alleged to have committed offences under NDPS Act, involving commercial quantity.
Fulfillment of requirements as enumerated in Section 37 of NDPS Act are a pre-requisite before granting bail to accused who is alleged to have committed offences under NDPS Act, involving commercial ....
The main legal point established in the judgment is the necessity of the chemical analysis report to establish the presence and quantity of narcotics in seized substances, the relevance of the Drugs ....
Possession of cough syrup containing codeine qualifies as a narcotic under the NDPS Act, with strict bail conditions imposed that were not satisfied in this case.
The court held that possession of narcotic drugs in significant quantities under NDPS Act warrants stringent bail conditions, emphasizing the necessity of statutory compliance regarding search and se....
The main legal point established in the judgment is the strict application of the NDPS Act, particularly in cases involving the sale of contraband substances, and the court's discretion in granting a....
The accused must satisfy the twin conditions under Entry 35 of the Notification and produce necessary evidence of engagement in therapeutic practice for medical or scientific purposes to overcome the....
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
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