Orissa High Court

Mukesh Raita vs State Of Odisha .... Opposite Party on 13 September, 2023

Author:
V. Narasingh

Bench:
V. Narasingh

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9785 of 2023

Mukesh Raita .... Petitioner
Mr. R.R. Ray, Advocate
-versus-

State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC

CORAM: JUSTICE V. NARASINGH
ORDER

13.09.2023
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 T.R. Case
No.405 of 2023, pending before the Court of the learned District
and Sessions Judge,Khordha, arising out of Khordha Road GRPS
Case No.72 of 2023 for alleged commission of offences under
Sections-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 Special Judge(K) at Bhubaneswar by
order dated 14.08.2023 in the aforementioned case, the present
BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is
in custody since 05.08.2023 on the accusation of possessing
contraband(ganja) to the tune of 21 Kg. 860 grams along with co-
accused.

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5. Learned counsel for the petitioner relies on the order dated
12.09.2023 passed by this Court in respect of the co-accused
,namely, Alok Senapati in BLAPL No.9723 of 2023 and seeks
release inter alia on the ground of parity.

6. It is further submitted referring to the seizure list that
contraband to the tune of 11 Kg. 930 grams was seized from the
Petitioner but he has been implicated for the entire quantity of 21
Kg. 860 grams so as to attract the rigors of
Section 37(1)
of the
NDPS Act.

7. Such submission is opposed by the learned counsel for the
State referring to the order of rejection.

8. Considering the quantity of the contraband of the
contraband seized and the manner of implication, this Court directs
the Petitioner to be released on bail on such terms to be fixed by the
learned Court in seisin over the matter subject to verification of
criminal antecedent of similar nature.

9. If it comes to the fore that the Petitioner has any such
criminal antecedent, this order shall stand recalled.

10. Additionally, it is directed that 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 Court in seisin.

11. Accordingly, the BLAPL stands disposed of.

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

Signature Not Verified

Digitally Signed (V. NARASINGH)
Signed by: SOUMYA RANJAN SAMAL
Designation: Jr. Stenographer Judge
Reason: Authentication
Soumya
Location: High Court of Orissa
Date: 15-Sep-2023 20:28:08

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