Sk. Rajak Alii Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Inspector of Excise Bhubaneswar Range-II P.R. No. 99/2023-24 of 2023 corresponding to T.R. Case No. 558 of 2023 pending in the court of the learned District & Sessions Judge, Khurda at Bhubaneswar where final P.R. dated 03.01.2024 has been submitted against the petitioner for commission of offence punishable under Section 21 (b) of the NDPS Act.

The prayer for bail of the petitioner has been rejected vide order dated 03.01.2024 on the very day final P.R. was submitted.

The prosecution allegation in brief against the petitioner is that on 04.11.2023 in the morning when the informant along with his staff were performing patrolling duty at Mendhasala area, on receiving reliable information regarding transportation of heroin by the present petitioner in a motor cycle bearing Registration No. OD-33-AK-3703, they proceeded to the spot and detained the petitioner and his motor cycle. On search, 55 grams of heroin were recovered from his conscious possession. As he failed to produce any authority or license for possessing the same, the petitioner was arrested and the heroin was seized.

Mr. Chhabi Behera, learned counsel for the petitioner submits that the petitioner is custody since 04.11.2023, does not have any criminal antecedents and investigation in the case has been completed. He further submits that in view of the quantity of heroin seized, the bar under Section 37 of the NDPS Act will not be attracted while considering his prayer for bail.

Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that these types of crime are rising everyday and if the petitioner is released, the chances of his commiting similar offence cannot be ruled out. She further submits that the criminal antecedents of the petitoner are yet to be verified.

Considering the quantity of heroin seized, the submission that the petitioner does not have any criminal antecedents and as investigation has been completed, I am inclined to allow the prayer for bail.

The petitioner- Sk. Rajak Alii shall be released on bail on such terms and conditions as may be fixed by the learned District & Sessions Judge, Khurda at Bhubaneswar, after verifying that the petitioner does not have any criminal antecedents.

The BLAPL is accordingly disposed of.

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

A copy of this order be supplied to Ms. S. Mishra, learned Additional Standing Counsel for onward transmission to the IIC/ I.O.

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