CourtKutchehry.com
High CourtsSingle Bench

Pradeep Pala & Another vs State Of Odisha

Orissa High Court · Decided on 18 September 2023 · Citation: (2023) 09 OHC CK 0127

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)(B)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9706 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

14 paragraphs · 363 words

V. Narasingh, J

1.

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

2.

The Petitioners are accused in T.R Case No.410 of 2023 pending on the file of learned District Judge & Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar, arising out of Khurda Road GRPS Case No.74 of 2023 for commission of the alleged offence under Section 20(b)(ii)(B) of the N.D.P.S Act.

3.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Special Judge, Khurda at Bhubaneswar by order dated 21.08.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioners are in custody since 7.8.2023 on the allegation of possessing contraband (ganja) to the tune of 13 Kg. 380 grams.

5.

It is further submitted that since contraband seized is less than the commercial quantity, the Petitioners may be released on bail.

6.

It is stated that the Petitioner No.1 has no criminal antecedent and Petitioner No.2 has been cited as an accused in Khallikote P.S. Case No.500 of 2020 but the same is not under the Special Act.

7.

Learned counsel for the State opposes the prayer for bail during currency of investigation.

8.

Taking into account the contraband seized is less than the commercial quantity, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Before releasing, learned Court in seisin is called upon to verify as to whether Petitioner No.1 is the first offender and Petitioner No.2 has one criminal antecedent but not under the Special Act. If such assertion of the learned counsel for the Petitioners is incorrect, this order shall stand recalled.

10.

Additionally, it is directed that the Petitioners 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 submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

11.

The BLAPL thus stands disposed of.

12.

Urgent certified copy of this order be granted in course of the day.

………………………………..