Asif Khan vs State Of Odisha

R.K. Pattanaik, J

Heard learned counsel for the respective parties.

Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with T.R. No.88 of 2023 pending in the file of learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khurda corresponding to Khurda Model P.S. Case No.532 of 2023 on the grounds stated therein.

Mr. Chhatoi, learned counsel for the petitioner submits that less than the commercial quantity of contraband brown sugar was recovered and seized from the petitioner though it was along with the other accused, namely, Md. Rahim, who was in possession of 300 grams. Furthermore, it is submitted that in the meantime, chargesheet is filed and furthermore, in absence of any criminal antecedent of similar nature, the petitioner should be enlarged on bail on any terms and conditions as would be fixed by the Court.

Mr. Behera, learned ASC for the State, however, objects to the release of the petitioner on the ground that the alleged seizure of contraband substance is from the accused persons in one transaction, which is of commercial quantity.

Gone through the seizure memo dated 24th August, 2023 in respect of the petitioner, which reveals recovery of a polythene bag with net weight of 10 grams of brown sugar kept therein. Besides such recovery and seizure, 300 grams of brown sugar is shown to have been possessed by the accused, namely, Md. Rahim, who is presently in custody. The fact of the matter is both the seizures have been made at the spot arising out of a single incident. Nevertheless, the recovery of seizure is shown separately and as against the petitioner, it relates to 10 grams of brown sugar. Recording the submission of Mr. Chhatoi, learned counsel for the petitioner that the accused is having no antecedent of similar nature and has remained in judicial custody from 24th August, 2023 and in the meantime, with the closure of investigation, the chargesheet is filed, the Court is inclined and in favour of his release on bail subject to following conditions.

Hence, it is ordered.

In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. No.88 of 2023 corresponding to Khurda Model P.S. Case No.532 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khurda, who shall be at liberty to impose such other suitable conditions as deemed necessary in the facts and circumstance of the case. It is further directed that such release of the petitioner shall be subject to verification and absence of any such criminal antecedent of similar nature against him.

The BLAPL is accordingly disposed of.

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

.……………………………..