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Madan Khemundu vs State Of Odisha

Orissa High Court · Decided on 1 November 2023 · Citation: (2023) 11 OHC CK 0015

HON’BLE JUDGES
Savitri Ratho, 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. 12202 Of 2023
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Judgment

13 paragraphs · 362 words

Savitri Ratho, J

1.

This application under Section 439 Cr.P.C. has been filed by the petitioner in connection with Kasipur P.S. Case No. 129 of 2023 corresponding to T.R. Case No. 48 of 2023, pending in the Court of learned Sessions Judge-cum-Special Judge, Rayagada under Sections 20 (b) (ii) (c) of NDPS Act.

2.

The allegations in brief against the petitioners are that on 22.09.2023, while on patrolling duty, the S.I. of Police, Kasipur Police Station intercepted a gray colour Maruti Suzuki Wagon R vehicle bearing Registration No. OR 15 G 0441 on suspicion and on search, a plastic gunny bag containing 22 kgs. of ganja were recovered from the dicky of the car. As the 5 accused persons could not produce any authority for possession of ganja, they were arrested and the ganja was seized.

3.

Mr. B.P. Nanda, learned counsel for the petitioners that the petitioners have no connection with the ganja which was kept in the dicky of the car. He further submits that they do not have any criminal antecedents and Section 37 will not be attracted as the possibility of incorrect weighment cannot be ruled out.

4.

Considering the quantity of ganja seized and the submission of the learned counsel for the petitioners regarding incorrect weighment, and lack of criminal antecedents, I am inclined to allow the prayer for bail.

5.

Let the petitioners-Madan Khemundu, Iswar Jaypuria and Jagadish Jena be released on bail on such terms and conditions as may be fixed by the learned Court in seisin over the matter, including the following conditions, after verifying the criminal antecedents of the petitioners:

1.

They will not commit any offence while on bail.

2.

They will not threaten or try to influence prosecution witnesses while on bail.

3.

After their release they will cooperate with the investigation and report before the Kasipur Police Station once a week on every Friday between 2.00 P.M. to 4.00 P.M. till submission of charge sheet.

6.

Violation of any conditions will entail in cancellation of bail/ recall of this order.

7.

The BLAPL is accordingly disposed of.

8.

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

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