CourtKutchehry.com
High CourtsSingle Bench

Abhijit Singh vs State Of Odisha

Orissa High Court · Decided on 4 September 2023 · Citation: (2023) 09 OHC CK 0034

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8043 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

13 paragraphs · 355 words

V. Narasingh, J

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with 2(a) C.C. Case No.40 of 2023, pending before the Court of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur arising out of P.R. Case No.64 of 2022-23, for alleged commission of offences under Sections 20(b)(ii)(C) of the N.D.P.S. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum-Special Judge, Ganjam, Berhampur by order dated 10.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 09.02.2023 on the accusation of being in possession of contraband to the tune of 50Kgs Ganja along with his father being carried in an auto rickshaw which is owned by his father.

5.

It is stated that since charge sheet has been filed on 05.07.2023 and as the petitioner is the first offender, he may be released on bail.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the auto rickshaw from which the contraband is seized belongs to the father of the petitioner.

7.

Taking into account that the petitioner is the first offender as stated and being cognizant of the fact that there is bleak chance of early trial, this Court directs his release on bail on such terms to be fixed by the Court in seisin.

8.

Before releasing the petitioner, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

9.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rule.

………………………………