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Rabena @ Ajay Samantaray vs State Of Odisha

Orissa High Court · Decided on 28 July 2023 · Citation: (2023) 07 OHC CK 0253

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. 5785 Of 2023
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Judgment

14 paragraphs · 383 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.49 of 2023, pending before the Court of the learned 1st Addl. Sessions Judge-cum-Special Judge (NDPS), Khurda, arising out of Baghamari P.S. Case No.72 of 2023, for alleged commission of offences under Sections 21(b)/29 of the 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 06.05.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 1.5.2023 on the accusation that he along with co-accused possessed 13.47 grams of brown sugar.

5.

It is further submitted that since charge sheet has been filed on 28.06.2023, the Petitioner may be released on bail.

6.

Learned counsel for the State opposes the prayer for bail in view of the fact that the Petitioner has one criminal antecedent and has been cited as an accused in Baghamari P.S. Case No.194 of 2022 under the Special Act.

7.

Learned counsel for the Petitioner, on instruction, submits that the accusation under the said case is of possessing contraband (brown sugar) to the tune of 13.52 grams and the basis of implication is on account of the co-accused statement.

8.

Taking into account that the contraband seized is less than the commercial quantity and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent other than the one noted hereinabove. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

10.

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

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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