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Sujit Sahu & Another vs State Of Odisha

Orissa High Court · Decided on 28 August 2023 · Citation: (2023) 08 OHC CK 0186

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8463 Of 2023
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Judgment

13 paragraphs · 307 words

V. Narasingh, J

1.

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

2.

The Petitioners are accused in connection with Special (NDPS) Case No.162 of 2023, pending before the court of the learned Addl. Sessions Judge-cum-Special Judge, Kantamal, arising out of Kantamal P.S. Case No.115 of 2023 for alleged commission of offences under Section 20(b)(ii)(B) of the NDPS Act.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum- Special Judge, Kantamal, by order dated 20.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioners are in custody since 19.7.2023 on the accusation of possessing contraband to the tune of 4 Kg. of ganja.

5.

It is further submitted that the contraband seized is less than the commercial quantity as prescribed and the Petitioners are the first offenders.

6.

Learned counsel for the State opposes the prayer for bail during currency of investigation.

7.

Considering the contraband seized is less than the commercial quantity and substantial progress in investigation, this Court directs the Petitioners to be to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of similar nature.

8.

If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall stand recalled.

9.

Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rules.

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