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Ananda Kuanr vs State Of Odisha

Orissa High Court · Decided on 7 August 2023 · Citation: (2023) 08 OHC CK 0041

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), 29, 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7149 Of 2023
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Judgment

14 paragraphs · 364 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in Special (N.D.P.S.) Case No.153 of 2023, pending on the file of learned Additional Sessions Judge-cum-Special Judge, Kantamal, arising out of Ghantapada P.S. Case No.48 of 2023, for commission of offence under Sections 20(b)(ii)(C)/29 of the N.D.P.S Act for allegedly possessing contraband to the tune of 20kgs 500gm (ganja).

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Judge, Kantamal by order dated 19.06.2023 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 03.06.2023 and since the petitioner has its roots within the jurisdiction of the learned Court in seisin, there is no chance of his fleeing justice. Hence, he may be released on bail.

5.

Learned counsel for the petitioner submits that the petitioner is the first offender.

6.

It is further submitted in the case at hand that wrong weighment cannot be ruled out so as to bring it within the rigors of Section 37 of the N.D.P.S Act.

7.

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 and submits that defence plea as advanced cannot be taken into account at this stage.

8.

Considering the nature of allegation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

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

10.

Additionally, it is directed that one of the sureties shall be immediate family member and he shall appear before the Investigation Officer once every week till submission of final form.

11.

The BLAPL stands disposed of.

12.

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

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