Biren Kumar Nayak & Another vs State Of Orissa

V. Narasingh, J

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are accused in connection with C.T. Case No.28 of 2023, pending in the Court of the learned Special Judge, Phulbani, arising out of Khajuripada P.S. Case No.19 of 2023, for alleged commission of offences under Section 20(b)(ii)(B) of the N.D.P.S. Act.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge, Phulbani by order dated 28.02.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioners along with other co-accused are in custody since 13.02.2023 on the accusation of possessing contraband to the tune of 13Kgs (Ganja).

It is submitted by the learned counsel that since investigation has progressed substantially and as the petitioners are the first offenders, they may be released on bail.

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

Considering that the contraband seized is less than the commercial quantity and the period in custody, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter.

While releasing the petitioners on bail, the learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to the fore that the petitioners have any such criminal antecedent, this order shall stand recalled.

Additionally, it is directed that the petitioners 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.

Accordingly, the BLAPL stands disposed of.

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

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