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Rajib Kumar Pati vs State Of Orissa

Orissa High Court · Decided on 6 April 2023 · Citation: (2023) 04 OHC CK 0060

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), 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1989 Of 2023
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Judgment

14 paragraphs · 350 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. No.99 of 2023, pending in the Court of the learned Sessions Judge-cum-Special Judge, Kendrapara, arising out of Kendrapara Excise Range P.R. No.56 of 2022-23, for alleged commission of offences under Section 21(b) 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 Special Judge, Kendrapara by order dated 09.02.2023 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 09.02.2023 on the accusation of possessing contraband to the tune of 42gms (Heroin).

5.

It is submitted by the learned counsel that since charge sheet has been filed on 03.04.2023, he may be released on bail.

6.

Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37 of the NDPS Act and also in view of the criminal antecedent of the petitioner.

7.

On instruction, learned counsel for the State submits that the petitioner has one criminal antecedent of similar nature.

8.

Learned counsel for the petitioner submits that the criminal antecedent is for possession of contraband to the tune of 15gms of Brown Sugar dated 31.08.2021. Hence, the same may not deter the Court from releasing the petitioner on bail.

9.

Considering that the contraband seized is less than the commercial quantity and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

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 learned 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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