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Basanta Barik vs State Of Odisha

Orissa High Court · Decided on 24 April 2023 · Citation: (2023) 04 OHC CK 0242

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 37(1)(b)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3606 Of 2023
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Judgment

10 paragraphs · 347 words

B. P. Routray, J

1.

Heard Mr. S.R. Mohapatra, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

2.

This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Section 20(b)(ii)(C) of the NDPS Act for alleged possession of contraband ganja weighing 20 kg. 800 grams.

3.

It is submitted on behalf of the Petitioner that he is inside custody since14.1.2020 and only five witnesses have been examined till date. It is further submitted that the Petitioner could not be released on interim bail pursuant to the order dated 05.12.2022 of this Court passed in BLAPL No.9166 of 2022 except for a period of seven days only due to some issues relating to surities.

4.

After hearing Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act. The prayer for bail is rejected.

5.

However, considering long period of detention of the Petitioner inside custody and slow progress in trial, it is directed to release the Petitioner on interim bail for a further period of three months from the date of his release in connection with Nayapalli P.S. Case No.31/2020 corresponding to T.R. Case No.36/2020 on such terms and conditions to be fixed by learned 3rd Additional Sessions Judge, Bhubaneswar as he deems just and proper including the condition that the Petitioner shall furnish two sureties (with proper identity proof) out of which one shall be his relative and that, he shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

6.

It is made clear that the Petitioner shall surrender in the trial court on or before 27th July, 2023, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

7.

The BLAPL is disposed of.

8.

An urgent certified copy of this order be granted on proper application.

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