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Tumuka Mallick vs State Of Odisha

Orissa High Court · Decided on 10 April 2023 · Citation: (2023) 04 OHC CK 0108

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section20(b)(ii)C, 25, 37
RESULT
Disposed Of
CASE NUMBER
Bail Application Nos. 2157, 2158 Of 2023
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Judgment

15 paragraphs · 390 words

V. Narasingh, J

1.

Since both the matters arise out of K. Nuagaon P.S. Case No.100 of 2022, they are heard together and disposed of by this common order on the consent of the parties.

2.

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

3.

The Petitioners are accused in C.T. Case No.63 of 2022 pending on the file of learned Special Judge-cum-A.D.J., Balliguda, arising out of K. Nuagaon P.S. Case No.100 of 2022 for commission of the offence under Section 20(b)(ii)C/25 of the N.D.P.S Act.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum-ADJ, Balliguda, by order dated 15.02.2023 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the occurrence in which the Petitioners have been cited as accused dated 18.10.2022. The allegation is that on the said date the Petitioners were carrying contraband (ganja) to the tune of 27 Kg. 500 grams in a car and seeing the police party, they decamped.

6.

It is further submitted that later on they have been taken into custody on 12.02.2023 on the basis of the statements of Bhaskar Mallick and Buleswar Mallick.

7.

It is stated that the background of the case at hand, conscious and exclusive possession cannot be attributed to the Petitioners.

8.

Learned counsel for the State opposes the prayer during currency of the investigation in view of the bar contained in Section 37 of the N.D.P.S Act.

9.

Taking into account the nature of allegation and the manner of implication, this Court directs the Petitioners 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 any nature.

10.

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

11.

Additionally, it is directed that the aforesaid 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.

12.

Both the bail applications stand disposed of accordingly.

13.

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

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