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Pratap Kumar Sahu vs State Of Odisha

Orissa High Court · Decided on 21 June 2023 · Citation: (2023) 06 OHC CK 0082

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)(C), 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1865 Of 2023
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Judgment

15 paragraphs · 376 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 2(a)CC No.1 of 2023, pending in the Court of the learned Sessions Judge-cum-Special Judge, Cuttack, arising out of P.R. No.543 of 2022-23 for alleged commission of offences under Sections 20(b)(ii)(C) of the N.D.P.S Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Cuttack by order dated 05.01.2023 in the aforementioned case, the present BLAPL has been filed.

4.

Relying on the release of the co-accused by order dated 3. 5.2023 in BLAPL No.4795 of 2023 and by order dated 8.5.2023 in BLAPL No.4873 of 2023, the Petitioner seeks release, inter alia, on the ground of parity.

5.

The allegation against the present Petitioner is that he along with other co-accused are in possession of contraband to the tune of 40 Kg. of Ganja which was seized from the Indigo Car in which they were travelling.

6.

It is submitted that since final form has already been filed, further continuance of the Petitioner in custody is not warranted.

7.

Learned counsel for the State opposes the prayer in view of the bar contained in Section 37 of the N.D.P.S Act and also on account that the Petitioner has one criminal antecedent, namely, Puruna Cuttack P.S. Case No.87 of 2017.

8.

On instruction, learned counsel for the Petitioner submits that the Petitioner is a first offender.

9.

Considering the submission at the Bar, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of any nature.

10.

If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

11.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once month 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 rules.

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