Santosh Kumar Das Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of the Cr.P.C. has been filed for releasing the petitioner on bail in connection with Bhubaneswar Excise Station-II PR No. 111 of 2023-24 corresponding to T.R. Case No. 574 of 2023 pending before the Court of the learned District & Session Judge, Bhubaneswar, registered for commission of the offence punishable under Section 21(b)(ii)(C) of NDPS Act, 1985.

The prayer for bail has been rejected on 04.12.2023 passed by learned District and Sessions judge, Khurda at- Bhubaneswar.

The prosecution allegation in brief is that on 10.11.2023 morning, when the informant and his team were performing patrolling duty within Mancheswar P.S. area, they received credible information regarding selling of heroin at Bank chhak, Mancheswar. To verify, the informant and his team proceeded to the spot and detained the accused and on search 52 grams of heroin were recovered from his conscious possession. As he failed to produce any authority or license for possessing the same, he was arrested and the heroin was seized.

Ms. S. K. Lenka, learned Counsel for the petitioner submits that the petitioner is in custody since 10.11.2023 and has no criminal antecedents. He further submits that investigation has been completed and final PR has been submitted on 09.01.2024 and in view of the quantity of heroin seized, Section 37 will not be a bar for releasing the petitioner on bail.

Mr. D. K. Mishra, learned Additional Government Advocate opposes the prayer for bail stating that these type of crimes are increasing everyday and prayer for the bail of the petitioner has been rejected when investigation was in progress and he has no instructions if investigation has been completed in the meanwhile and the criminal antecedents of the petitioner.

Considering the quantity of heroin seized and the submission of the learned Counsel for the petitioner that the petitioner has no criminal antecedents and final PR has been submitted on 09.01.2024, I am inclined to allow the prayer for bail of the petitioner.

The petitioner shall be released on bail on such terms and conditions as deem fit and proper by the learned Court below in seisin over the case, if the final PR has been submitted on 09.01.2024 and if on verification, the learned Court finds that the petitioner has no criminal antecedents.

The BLAPL is accordingly disposed of.

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

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