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
15 paragraphs · 427 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in T.R. Case No.118 of 2022 pending on the file of learned 1st Addl. Sessions Judge-cum-Special Judge under the NDPS Act, Khordha, arising out of Khordha Excise P.R. Case No.61 of 2022-23 for commission of the offence under Section 21(b) of the NDPS Act.
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 07.02.2023 in the aforementioned case, the present BLAPL has been filed.
Learned counsel for the Petitioner submits that by order dated 01.02.2023 in BLAPL No.12343 of 2022 the Petitioner was granted bail subject to verification of criminal antecedent of similar nature.
On perusal of the order of rejection it is seen that since the Petitioner has one criminal antecedent of similar nature (Khordha P.S. Case No.470 of 2020), learned Court in seisin rejected the bail application of the Petitioner. Hence, this is the second journey of the Petitioner to this Court.
Prima facie this Court does not find any infirmity in the order passed.
It is submitted by the learned counsel for the Petitioner that the quantity of contraband involved in the case at hand is 21 grams of brown sugar, which is less than the commercial quantity and also places reliance on the order passed by this Court dated 28.01.2021 in BLAPL No.167 of 2021 relating to Khurda Model P.S. Case No.470 of 2020 in which the contraband involved is to the tune of 40 grams of brown sugar.
It is further submitted that in the said case the Petitioner has been released on bail by this Court.
Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the Petitioner.
Considering the contraband seized in the case at hand is less than the commercial quantity and the period of custody, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week 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.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
……………………………