LAWS(ORI)-2013-5-12

SIBA PRASAD KANHAR Vs. STATE OF ODISHA

Decided On May 02, 2013
Siba Prasad Kanhar Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State on the petition under Section 439 Cr.P.C. The petitioner, is alleged to have committed offences under Sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act in 2(a) C.C. No. 10 of 2011 (N) arising out of P.R. No. 15/2011-12 pending in the Court of the learned Sessions Judge-cum-Special Judge, Berhampur.

(2.) On behalf of the petitioner, it is submitted that since one of the co-accused has already been released on bail under order passed in BLAPL No. 29544 of 2012, the petitioner, who stands on the same footing, should also be released on bail. As commercial quantity of 'Ganja' is involved in this case, it is submitted by the learned counsel for the petitioner that Section 37 of the N.D.P.S. Act will not be a bar to the casein hand inasmuch as there is clear violation of Section 50 of the N.D.P.S. Act.

(3.) On behalf of the State, it is submitted that since commercial quantity of 'Ganja' has been seized from the possession of the petitioner, Section '37 of the N.D.P.S. Act is applicable, with further submission that the petitioner's earlier two bail petitions having been dismissed as being withdrawn/not pressed, the present petition, without there being any change of circumstances, ought to be rejected.