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Jagannath Swain vs State Of Odisha

Orissa High Court · Decided on 8 September 2023 · Citation: (2023) 09 OHC CK 0048

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), 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9432 Of 2023
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Judgment

13 paragraphs · 350 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in 2(a)C.C. Case No.94 of 2023, pending on the file of the learned District & Sessions Judge, Cuttack, arising out of P.R. No.83 of 2023, for commission of offence under Section 20(b)(ii)(C) 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 Sessions Judge-cum-Special Judge, Cuttack by order dated 14.08.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 16.05.2023 and the allegation against him that the vehicle which he was driving, contraband to the tune of 21Kgs (Ganja) was seized.

5.

It is the submission of the learned counsel that the Petitioner is the first offender and as the driver, he was driving the vehicle to earn his livelihood and had no inkling that contraband was kept in the vehicle which was done at the instance of the co-accused.

6.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37 of NDPS Act.

7.

Taking into the manner of accusation and the role ascribed to the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Before releasing the Petitioner on bail, 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.

9.

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.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

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