Rajesh Maharana vs State Of Odisha

V. Narasingh, J

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

The petitioner is an accused in connection with T.R Case No.43 of 2023, pending before the Court of the learned Addl. Sessions Judge-cum-Special Judge, under N.D.P.S. Act, Khorda, arising out of Khordha P.R. Case No.02 of 2023 for alleged commission of offences under Sections 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 Spl. Judge under NDPS Act, Khurda by order dated 25.04.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 12.04.2023 on the accusation of possessing contraband (brown sugar) to the tune of 29 grams, which is less than commercial quantity.

It is submitted that the co-accused has been released on bail by order dated 27.04.2023 by this Court in BLAPL No. 4388 of 2023, which is on record. Hence, on the ground of parity, he seeks release.

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

Taking into account the contraband seized is less than commercial quantity, period in custody and release of co-accused 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 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 submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

While releasing the petitioner on bail, learned Court below shall verify as to whether the petitioner has any criminal antecedent. If it comes to fore that the petitioner has any criminal antecedent, this order shall stand recalled.

Accordingly, the BLAPL stands disposed of.

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

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