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Akshaya Jena vs State Of Odisha

Orissa High Court · Decided on 27 February 2023 · Citation: (2023) 02 OHC CK 0199

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), 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10918 Of 2022
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Judgment

14 paragraphs · 327 words

V. Narasingh, J

1.

An appearance memo has been filed by Mr. S.D. Das, learned Senior Advocate in Court. The same is taken on record.

2.

Heard learned Senior Advocate for the Petitioner and learned counsel for the State.

3.

The Petitioner is an accused in T.R. Case No.89 of 2022 pending on the file of learned 1st Addl. Sessions Judge-cum-Special Judge under NDPS Act, Khordha, arising out of Balugaon P.S. Case No.192 of 2022, for commission of offence under Section 20(b)(ii)(C) of the N.D.P.S. Act.

4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge under NDPS Act, Khurda by order dated 22.10.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioner is in custody since 28.09.2022 on the allegation of possessing contraband (ganja) to the tune of 27 Kg.

6.

It is further submitted that the charge sheet has been filed on 25.01.2023, which is on record.

7.

It is further stated that taking into account the age of the Petitioner and he being the first offender, the Petitioner may be released on bail.

8.

Learned counsel for the State opposes the prayer for bail relying on the bar contained in Section 37 of the N.D.P.S Act.

9.

Considering the age of the Petitioner (20 years) and that he is the first offender and there is bleak chance of early trial, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

10 . Before releasing the Petitioner on bail, learned Court in seisin is called upon to verify the criminal antecedent of similar nature. If it comes to fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

11.

The BLAPL thus stands disposed of.

12.

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

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