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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Budhisagar Meher – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
G. Satapathy, J.
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Kantabanji PS Case No.288 of 2024 corresponding to Spl. GR Case No.22 of 2024 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Kantabanji for commission of offences punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of financing illicit trade of Contraband Ganja and facilitating transportation 94Kgs of Contraband Ganja through co-accused persons by providing his bolero vehicle.
2. Heard, Mr. Debi Prasad Dhal, learned Sr. counsel who enters appearance along with Mr. K. Mohanty, learned counsel for the petitioner in Court today by filing appearance memo, which is taken on record and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record.
3. It is undoubtedly advanced for the petitioner that the implication of the petitioner is only on the basis of confession of co-accused, which is inadmissible in the eye of law, but the petitioner has in fact not only being forwarded in this case, but also he is allegedly involved in another two cases of similar nature vide Titilagarh PS Case No.289 of 2024 for commissi
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....
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 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 ....
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 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.
Section 37 of NDPS Act specifically stipulates certain conditions to be satisfied for purpose of granting bail.
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