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Bijay Kumar Sahoo @ Chagala vs State Of Odisha

Orissa High Court · Decided on 27 February 2023 · Citation: (2023) 02 OHC CK 0197

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. 1340 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 connection with T.R. No.502 of 2022, pending in the Court of the learned 5th Addl. District and Sessions Judge Khurda at Bhubaneswar, arising out of Nayapalli P.S. Case No.711 of 2022, for alleged commission of offences under Sections 21(b)/29 of NDPS Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 5th Addl. Sessions Judge, Bhubaneswar by order dated 25.01.2023 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 12.11.2022 on the accusation of possessing contraband (brown sugar) to the tune of 100 grams.

5.

It is further submitted that since the contraband seized is less than the commercial quantity and co-accused persons have already been released on bail by order dated 22.12.2022 in BLAPL No.12559 of 2022 and by order dated 03.02.2023 in BLAPL No.12487 of 2022, on the ground of parity, he may be released on bail.

6.

Learned counsel for the State opposes the prayer for bail on the ground that the seizure is from the present Petitioner.

7.

Perused the order of rejection.

8.

Considering the release of the co-accused, adverted hereinabove, and the contraband seized is less than commercial quantity, 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 assertion regarding criminal antecedent of similar nature. If it comes to the fore that the Petitioner has any such 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 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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