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Bisu @ Gurubar Bapari vs State Of Odisha

Orissa High Court · Decided on 21 September 2023 · Citation: (2023) 09 OHC CK 0150

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 27a, 37(1)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10320 Of 2023
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Judgment

15 paragraphs · 379 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 Special G.R. Case No.49 of 2023, pending before the Court of the learned Sessions Judge-cum-Special Judge, arising out of Orkel P.S. Case No.45 of 2023, for commission of the alleged offence under Section 20(b)(ii)(C)/27-a of the NDPS Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Spl. Judge, Malkangiri by order dated 17.08.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody along with the co-accused since 11.02.2023 on the accusation of possessing contraband to the tune of 22 Kg. of ganja.

5.

It is further submitted by the learned counsel that the basis of implication is on account of the co-accused statement from whose possession the contraband was seized and since they have been released on bail by order dated 03.04.2023 in BLAPL No.2428 of 2023 and by order dated 12.04.2023 in BLAPL No.2614 of 2023, further continuance of the Petitioner in custody is unwarranted.

6.

It is also submitted by the learned counsel that the Petitioner is the first offender.

7.

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

8.

It is submitted by the learned counsel that wrong weighment cannot be ruled out so as to attract the rigors of Section 37(1) of the N.D.P.S. Act.

9.

Considering the substantial progress in investigation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of any nature.

10.

If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

11.

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.

12.

Accordingly, the BLAPL stands disposed of.

13.

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

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