High CourtsSingle Bench

Sanak Pradhan vs Union Of India (NCB)

Orissa High Court · Decided on 2 May 2023 · Citation: (2023) 05 OHC CK 0024

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 25, 28, 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2653 Of 2023
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Judgment

11 paragraphs · 264 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Learned counsel for the petitioner is permitted to correct the cause title.

3.

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

4.

The petitioner is in custody since 02.06.2021 in connection with NCB Crime No.03/NCB/BBSR/2021 corresponding to 2(a)CC Case No.09 of 2021 pending in the Court of learned Special Judge, Boudh for the alleged commission of offence under Sections 20(b)(ii)(C)/25/28/29 of NDPS Act.

5.

Petitioner’s earlier application for bail was permitted to be withdrawn by this Court. It is submitted that despite being in custody for more than one and half years, trial has not commenced as yet. It is further submitted that the wife of the petitioner is ill and requires treatment at a higher center.

6.

Taking into considering all the above facts as also the period of detention of the petitioner in custody without commencement of trial, I am inclined to take a lenient view. The bail application is disposed of directing the learned court below to release the petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as may be fixed by the Court in seisin over the matter in the aforesaid case.

7.

After expiry of the aforesaid period of two months, the petitioner shall surrender before the Court in seisin over the matter, failing which appropriate warrant may be issued for his production.

8.

BLAPL is accordingly disposed of.

9.

Issue urgent certified copy as per rules.

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