DAUD LIMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS matter has come to this Division Bench on a reference made by one of us P.K. Mohanty, J. sitting single.

(2.) THE question for consideration is whether irrespective of rejection of petitioner's earlier bail application, the second application for bail should be considered in parity with the subsequent orders passed by two learned single Benches of this Court releasing the co -accused persons on bail.

(3.) IN the present bail application Sri B.S. Mishra, learned counsel for the petitioner, apart from alleging violation of mandatory provision of the N.D.P.S. Act by the investigating agency, made a submission that since the two co -accused persons including the main accused Susanta Kumar Moharana having already been released on bail by another two different Benches of this Court, the petitioner being in the similar footing, on parity he should be enlarged on bail. The contention further is that since the quantity is less than the commercial quantity, the rigour of Section 37 of the N.D.P.S. Act is not applicable.