Md. Rahim vs State Of Orissa

R.K. Pattanaik, J

Heard Mr. Chhatoi, learned counsel for the petitioner and Mr. Behera, learned ASC for the State.

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with T.R. No.88 of 2023 pending in the file of learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khordha corresponding to Khordha Model P.S. Case No.532 of 2023 on the grounds stated therein.

Mr. Chhatoi, learned counsel for the petitioner submits that the petitioner was one among the accused persons from whom contraband substance of course of commercial quantity was recovery and seized, whereas, the other companion, who is an outsider is already on bail by the Court’s order in BLAPL No.13827 of 2023 dated 20th December, 2022, hence, therefore, him having no criminal antecedent and has remained in judicial custody since the date of arrest and in the meantime, the investigation is concluded with the chargesheet filed, he should be allowed to go on bail on any terms and conditions as would be imposed by the Court.

Mr. Behera, learned ASC for the State on the other hand objects to the release of the petitioner on the ground that 300 grams of contraband brown sugar was recovered from him which is a commercial quantity. With respect to the criminal antecedent of the petitioner, Mr. Behera however submits that he does not have any instructions received up till now.

Gone through the FIR, i.e. Annexure-1. The alleged occurrence took place on 24th August, 2023, the date on which, the alleged recovery was made. The petitioner is in custody since the date of arrest. As informed to the Court by Mr. Chhatoi, learned counsel for the petitioner, the investigation stands concluded. Admittedly, commercial quantity of contraband brown sugar was recovered from the petitioner. The other accused, namely, Abdul Kayum Khan @ Kala, who happens to be an outsider and was nabbed at the spot along with the petitioner, was in possession of 10 grams of brown sugar. Since it is claimed that the petitioner is having no criminal antecedent of similar nature and has been in judicial custody since the month of August, 2023, the Court is of the considered view that no purpose worthy would be served by detaining him further but released on bail subject to stringent conditions morefully when the investigation is already concluded in the meantime. The Court is also view that such release of the petitioner should be subject to verification of his criminal antecedent by the learned Sessions court.

Hence, it is ordered.

In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. No.88 of 2023 arising out of Khordha Model P.S. Case No.532 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khordha, who shall be at liberty to impose such other suitable conditions as deemed necessary in the facts and circumstances of the case besides the following that he shall report the local PS once in a fortnight and to continue to do so for a period of six months. It is made clear that the release of the petitioner shall be subject to verification of his antecedent and absence of any such criminal case of similar nature to his credit.

The BLAPL is disposed of.

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

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