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Shiv Sanker Kumar Singh vs State Of Odisha

Orissa High Court · Decided on 20 July 2021 · Citation: (2021) 07 OHC CK 0169

HON’BLE JUDGES
S. K. Sahoo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs & Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 421 Of 2021
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Judgment

21 paragraphs · 335 words

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S.K. Sahoo, J

1.This matter is taken up by video conferencing mode.

2.

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

3.

This is an application under Section 439 of Cr.P.C. in connection with Inspector of Nabarangpur P.S. Case No. 212 of 2020 corresponding to T.R.

Case No. 26 of 2020 pending in the Court of learned Sessions Judge -cum- Special Judge, Nabarangpur for alleged commission of offence under

section 20(b)(ii)(C) of the N.D.P.S. Act.

4.

The bail application of the petitioner has been rejected by the learned Sessions Judge -cum- Special Judge, Nabarangpur as per order dated

07.12.2020.

5.

Considering the submission made by the learned counsel that the petitioner is in judicial custody since 15.09.2020, charge sheet has already been

submitted under section 20(b)(ii)(C) of the N.D.P.S. Act and the quantity of contraband Ganja stated to have been seized from the possession of the

petitioner and the co-accused Deepak Kumar Singh is 16.5 kilograms (sixteen kilograms and five hundred grams), which is lesser than commercial

quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and on hearing the learned counsel for the State, I am inclined to

release the petitioner on bail.

6.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent

sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may

deem just and proper.

7.

The BLAPL is accordingly disposed of.

8.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.