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Bein @ Dillu Behera vs State Of Odisha

Orissa High Court · Decided on 4 September 2023 · Citation: (2023) 09 OHC CK 0033

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 21(b), 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8042 Of 2023
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Judgment

14 paragraphs · 340 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 C.T. (Spl) No.18 of 2023, pending in the Court of learned Special Judge-cum-District and Sessions Judge, Talcher arising out of Talcher P.S. Case No.411 of 2023, for alleged commission of offences under Sections 21(b)/29 of the N.D.P.S. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Special Judge, Talcher by order dated 13.07.2023 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 09.07.2023 on the accusation of possessing contraband to the tune of 5.430gms (Brown Sugar).

5.

Referring to the case of the prosecution, it is submitted that admittedly the contraband has been seized from the co-accused Tarikul Mamin.

6.

Learned counsel for the petitioner further submits that since investigation has progressed substantially and as the petitioner is the first offender, he may be released on bail.

7.

Learned counsel for the State opposes the prayer for bail during currency of investigation.

8.

Considering the nature of allegation and the contraband being admittedly not seized from the petitioner and the petitioner being the first offender, this Court directs his release on bail on such terms to be fixed by the Court in seisin.

9.

Before releasing the petitioner, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

10.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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