Sudhir Parija Vs State Of Odisha

Savitri Ratho, J

Heard Mr. B.P. Mallick, learned counsel for the petitioner and Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with 2(a) C.C. Case No. 128 of 2023 in the Court of the learned District and Sessions Judge -cum-Special Judge, Cuttack under Section 21(b) of NDPS Act.

The prayer for bail of the petitioner has been rejected vide order dated 20.11.2023 by the learned Sessions Judge -cum- Special Judge, Cuttack.

The prosecution allegation in brief is that on 25.08.2023 at about 12. 05 p.m., the petitioner has been apprehended by the Inspector of Excise, E.I. and E.B. Unit-II, Cuttack for illegal possession of 113 grams of heroin, which was kept in a small jari packet inside a plastic ‘Diba’, while he was standing on the road at Trinath Bazar Chhak

under Sadar Police Station. As the petitioner could not produce any license or authority for possessing the heroin, he was arrested and the heroin was seized.

Mr. B.P. Mallick, learned counsel for the petitioner submits that the petitioner is in custody since 25.08.2023 and in the meanwhile final P.R. has been submitted and as the petitioner does not any criminal antecedents and the quantity of heroin seized is less than commercial quantity, the rigors contain in Section 37 of NDPS Act will not be attracted for consideration of his prayer for bail.

Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State opposes the prayer for bail stating that these type of crimes are increasing every day and the criminal antecedents of the petitioner have not been verified.

Considering the quantity of heroin seized, the submission that the petitioner has no criminal antecedents and as the investigation has been completed in the meanwhile, I am inclined to allow the prayer for bail.

The petitioner- Sudhir Parija shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after the learned Court verifies that the petitioner does not have any criminal antecedents under the NDPS Act, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses while on bail.

(iii) He will report before the I.I.C., Balianta Police Station, once a month preferably on a Sunday between 4.00 P.M. to 5.00 P.M. for a period of six months or till conclusion of trial whichever is earlier.

(iv) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.

Violation of any condition will entail in cancellation of bail.

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 Mr. S.S. Pradhan, learned Addl. Govt. Advocate for onward transmission to the I.I.C., Balianta Police Station.

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