High CourtsSingle Bench(2021) 10 OHC CK 0003

Jyotish Naik vs State Of Orissa

Orissa High Court · Decided on 1 October 2021

HON’BLE JUDGES
B.P. Routray, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 6565 Of 2020

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Judgment

7 paragraphs · 172 words

B. P. Routray, J

1.

This is an application under Sec.439 Cr.P.C. for bail in connection with Birmitrapur P.S. Case No.31/2014 corresponding to Special Case No.11/2014 pending in the court of learned Special Judge, Sundargarh for alleged commission of offence under Sec.20(b)(ii)(C) of the NDPS Act.

2.

Heard learned counsel for the Petitioner as well as learned A.S.C. for the State-Opposite Party.

3.

It is submitted that the Petitioner is no way involved in the offence, but has been falsely implicated.

4.

On the other hand, learned A.S.C. for the State-Opposite Party submits that this Petitioner has six criminal antecedents besides one case relating to the offence under the NDPS Act, i.e., Angul P.S. Case No.56/2017.

5.

Keeping in view the embargo contained under Sec.37(1)(b) of the NDPS Act and considering the submission that the Petitioner has criminal antecedents of similar nature, I am not inclined to release the Petitioner on bail when the alleged seized ganja involves commercial quantity. Accordingly, the prayer for bail is rejected.

6.

The BLAPL is dismissed.