High CourtsSingle Bench

Raja @ Biswanath Nayak vs State Of Odisha

Orissa High Court · Decided on 12 June 2024 · Citation: (2024) 06 OHC CK 0051

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Narcotics Drugs and Psychotropic Substances Act, 1985 — Section 21(b)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5801 Of 2024
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Judgment

9 paragraphs · 240 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

The Petitioner is in custody since 16.07.2023 in connection with Paradeep Excise Station P.R. No.43 of 2023-24 corresponding to Kujang Special G.R. Case No.36 of 2023 pending in the Court of learned Additional District & Sessions Judge, Kujang, for the alleged commission of the offence under Section 21(b) of the N.D.P.S. Act.

4.

It is alleged that the Petitioner was in possession of 32gms of brown sugar while he was apprehended by the police. Learned counsel for the Petitioner submits that charge-sheet has already been submitted and that the trial of the case has also commenced.

4.

Considering the nature of acquisitions, the materials available on record so also the period of detention of the Petitioner in custody and the fact that contraband article is less than commercial quantity, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case without seeking representation through his legal representative.

7.

The BLAPL is accordingly disposed of.

8.

Urgent certified copy of this order be granted on proper application.

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