Orissa High Court

Salman Khan 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.9724 of 2023

Salman Khan .... Petitioner
Mr. B.R. Tripathy, Advocate
-versus-

State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH
ORDER

13.09.2023
Order No.

01. 1. It submitted by the learned counsel for the petitioner that
inadvertently the details of the case at hand has been wrongly stated
in paragraph-7 of the bail application. He is permitted to correct the
same in Court.

2. Heard learned counsel for the Petitioner and learned
counsel for the State.

3. The Petitioner is an accused in connection with Spl.
(NDPS) case No.107 of 2023, pending before the Court of learned
Sessions Judge-cum-Special Judge, Boudh arising out of Boudh
P.S. Case No. 208 of 2023, for alleged commission of offences
under
Sections 20(b)(ii)(C)
/
of NDPS Act.

4. Being aggrieved by the rejection of his application for bail
U/s. 439
Cr.P.C
. by the learned Special Judge, Boudh by order
dated 26.05.2023 in the aforementioned case, the present BLAPL
has been filed.

5. It is stated that the petitioner is the first offender and is in
custody since 21.05.2023, on the accusation of possessing the
contraband (ganja) to the tune of 22 kgs along with two co-accused.

Page 1 of 2

6. Learned counsel for the petitioner relies on the order dated
22.06.2023 in respect of the co-accused passed by this Court in
BLAPL No.6484 of 2023 and seeks release inter alia on the ground
of parity.

7. It is further submitted that in the case at hand the wrong
weighment cannot be ruled out so as to bring it within the rigors of

Section 37
of the NDPS Act. Hence, further continuance of the
petitioner in custody is not warranted.

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

9. Considering the nature of allegations, role ascribed to the
petitioner and the petitioner being the first offender, this Court
directs the petitioner to be released on bail on such terms to be fixed
by the learned Court in seisin subject to verification of criminal
antecedent of the petitioner.

10. If it comes to the fore that the petitioner has any criminal
antecedent, this order shall stand recalled.

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

12. The BLAPL thus stands disposed of.

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

Signature Not Verified

Digitally Signed

Signed by: AYESHA ROUT (V. NARASINGH)
Designation: Junior Stenographer
Reason: Authentication Judge
Location: High Court of Orissa Ayesha
Date: 15-Sep-2023 19:32:32

Page 2 of 2