Sk Sahil vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed by the Petitioner in connection with Berhampur Town P.S.Case No.275/2023 corresponding to G.R. Case No.53/2023(N) in the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur under Section 20(b) (ii) (C) of the NDPS Act.

Allegations in brief as per the F.I.R. are that two persons were found standing near Berhampur Railway Station holding two bags containing Ganja. One bag containing 13 Kgs. of Ganja was recovered from the Petitioner and the other bag containing 12 Kgs of Ganja was recovered from the co-accused, Ananda Panda. As they could not produce any authorization in support of their possession, the Ganja was seized and both of them were arrested.

The prayer for bail of the Petitioner has been rejected by the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur by order dated 1.9.2023 on the ground that 25 Kgs. of contraband Ganja has been recovered from the Petitioner, which is a commercial quantity, and attracts to the bar under Section 37(1)(b) of the NDPS Act for releasing the Petitioner on bail.

Mr.S.Iqbal, learned counsel for the Petitioner appearing through the Virtual High Court at Berhampur submits that the bar under Section 37 of the NDPS Act will not be attracted as 13 Kgs. of Ganja has been allegedly recovered from the Petitioner. He further submits that the Petitioner is in custody since 19.7.2023 and he has no criminal antecedent.

Mr.S.S.Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that investigation is in progress and the total quantity of Ganja is 25 Kgs.

Considering the nature of allegation against the Petitioner and the quantity of Ganja seized from him (i.e., 13 Kgs.) and the submission that he has no criminal antecedent, I am inclined to allow the prayer for bail.

Let the Petitioner-Sk Sahil be released on bail by the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur on such terms and conditions as the learned court below may deem fit after verifying that the Petitioner does not have any criminal antecedent.

The Bail Application is disposed of.

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