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Tankadhara Patra & Another vs State of Orissa

Orissa High Court · Decided on 27 September 2023 · Citation: (2023) 09 OHC CK 0202

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)(C), 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10486 Of 2023
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Judgment

14 paragraphs · 355 words

V. Narasingh, J

1.

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

2.

The Petitioners are accused in 2(a)CC Case No.16 of 2023(NDPS), pending before the learned Sessions Judge-cum-Special Judge, Kalahandi, arising out of Narla Excise Station P.R. Case No.59 of 2023-24, for commission of offence under Section 20(b)(ii)(C) of the N.D.P.S Act.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge, Kalahandi, Bhawanipatna by order dated 06.07.2023 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 10.06.2023 for allegedly possessing contraband to the tune of 22Kgs 880gms (Ganja).

5.

It is stated by the learned counsel that the Petitioners are the first offenders.

6.

It is further submitted in the case at hand that wrong weighment cannot be ruled out so as to bring it within the rigors of Section 37 of the N.D.P.S Act.

7.

Learned counsel for the State opposes the prayer for bail relying on the bar contained in Section 37 of the N.D.P.S Act and submits that defence plea as advanced cannot be taken into account at this stage.

8.

Considering the substantial progress in investigation and that the Petitioners are the first offenders as stated, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

9.

Before releasing the Petitioners on bail, learned Court in seisin is called upon to verify criminal antecedent of any nature. If it comes to the fore that the Petitioners have any criminal antecedent, this order shall stand recalled.

10.

Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every month 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 learned Court in seisin.

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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