Deepak Sahu vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in 2(a)CC No.01 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Cuttack, arising out of P.R. Case No.543 of 2022-23 for commission of the alleged offence under Section 20(b)(ii)(C) of the N.D.P.S Act.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special Judge, Cuttack by order dated 25.04.2023 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court.

It is submitted by the learned counsel that the allegation against the Petitioner is that he along with two other co-accused are in possession of contraband (ganja) to the tune of 40 Kg. which was seized from the Indigo car in which they were travelling.

It is further submitted that since final P.R. has been filed in the meanwhile, the Petitioner may be released on bail.

Learned counsel for the State opposes the prayer in view of the bar contained in Section 37 of the N.D.P.S Act.

Considering the bleak chance of early trial, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

The BLAPL thus stands disposed of.

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

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