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Anil Sahoo @ Bijay Kumar Sahoo vs State Of Odisha

Orissa High Court · Decided on 3 April 2023 · Citation: (2023) 04 OHC CK 0003

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 · Arms Act, 1959 — Section 25
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12092 Of 2022
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Judgment

8 paragraphs · 207 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 T.R. Case No.346 of 2022, pending in the Court of the learned District & Sessions Judge, Khurda at Bhubaneswar, arising out of Khandagiri P.S. Case No.458 of 2022, for alleged commission of offences under Sections 20(b)(ii)(C) of NDPS Act read with Section 25 of Arms Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at Bhubaneswar, by order dated 26.10.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Taking into account that the net contraband seized is to the tune of 100Kgs (Ganja) and keeping in view stipulations under Section 37 of NDPS Act, this Court is not inclined to entertain this bail application at this stage without having the benefit of consideration of material qua the accusation vis-à-vis the petitioner being evaluated by the learned Court in seisin post charge sheet.

5.

Liberty is given to the petitioner to renew his prayer before the learned Court in seisin post charge sheet, which shall be considered on its own merit.

6.

Accordingly, the BLAPL stands disposed of.

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