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Mitan Guru @ Mitu vs State Of Orissa

Orissa High Court · Decided on 5 October 2023 · Citation: (2023) 10 OHC CK 0165

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 21(b), 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8076 Of 2023
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Judgment

15 paragraphs · 461 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 T.R. Case No.72 of 2022, pending in the Court of the learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khurda, arising out of Khordha Model P.S. Case No.380 of 2022, for commission of offences under Sections 21(b)/29 of NDPS Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge under NDPS Act, Khurda, by order dated 02.06.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner was released on bail by order dated 19.12.2022 in BLAPL No.8153 of 2022 keeping in view that the accusation is of possession of contraband to the tune of 10.7gms (brown sugar), subject to verification of criminal antecedent. Since the Petitioner has criminal antecedent of similar nature, learned Court in seisin rejected the bail application of the Petitioner. Hence, this is the second journey of the Petitioner to this Court.

5.

Ex-facie, this Court does not find any infirmity in the order so passed.

6.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the Petitioner of similar nature.

7.

An affidavit has been filed regarding the criminal antecedent which is taken on record and with reference to the same, it is submitted by the learned counsel for the Petitioner that the Petitioner was arrested in the case at hand and was remanded in Khordha Model P.S. Case No.476 dated 23.11.2021 which has been cited as a criminal antecedent.

8.

It is apt to note here that the Petitioner has been released in the said case on default bail.

9.

Taking into account the quantity of contraband seized, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

10.

Before releasing the Petitioner on bail, learned Court in seisin is requested to verify as to whether the Petitioner has any other criminal antecedent than Khordha Model P.S. Case No.476 dated 23.11.2021 and Khordha Model P.S. Case No.200 of 2020. If it comes to the fore that the Petitioner has any criminal antecedent than the two noted above, this order shall stand recalled.

11.

It is further 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.

12.

Accordingly, the BLAPL stands disposed of.

13.

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

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