Orissa High Court

Chakradhar Sethy vs State Of Odisha .... Opposite Party on 4 July, 2023

Author:
V. Narasingh

Bench:
V. Narasingh

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5723 of 2023

Chakradhar Sethy .... Petitioner
Mr. S. Satapathy, Advocate
-versus-

State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

04.07.2023
Order No.

01. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.

2. The Petitioner is an accused in connection with 2 (a) C.C.
Case No.06 of 2023, pending in the Court of the learned Sessions
Judge-cum-Special Judge, Cuttack, arising out of P.R. No.429 of
2023, for alleged commission of offences under
Section
20(b)(ii)(C)
of NDPS Act.

3. Being aggrieved by the rejection of his application for bail
U/s.439
Cr.P.C
. by the learned Sessions Judge-cum-Special Judge,
Cuttack, by order dated 17.05.2023 in the aforementioned case, the
present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner
along with three others were taken into custody on 17.01.2023 on
the accusation of possessing contraband to the tune of 60Kgs
(Ganja).

5. It is stated with vehemence that independent seizures have
been clubbed together so as to attract the rigors of
Section 37
of the
NDPS Act.

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6. Learned counsel for the petitioner relies on the orders
passed by this Court dated 21.06.2023 and 23.06.2023 in BLAPL
Nos.6242 & 3033 of 2023 respectively and seeks release inter alia
on the ground of parity.

7. It is further submitted by the learned counsel that the since
final form has already been submitted as evident from the order of
rejection and as the Petitioner is the first offender, he may be
released on bail.

7. Per contra, learned counsel for the State opposes the prayer
for bail in view of the bar contained in
Section 37
of the NDPS Act
and the seizure being a common one, the defence of the Petitioner
does not stand to reason and hence the bail application does not
deserve consideration.

8. Taking into account the release of the co-accused and
bleak chance of early trial, this Court directs the Petitioner to be
released on bail on such terms to be fixed by the learned Court in
seisin.

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

10. Additionally, it is directed that the Petitioner 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 conclusion of
trial. Certification of such appearance shall be submitted to the Court
in seisin.

11. The BLAPL thus stands disposed of.

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

Signature Not Verified

Digitally Signed

Signed by: AYESHA ROUT

Designation: Junior Stenographer

Reason: Authentication

(V. NARASINGH)
Location: High Court of Orissa Ayesha
Date: 06-Jul-2023 16:40:50
Judge

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