Orissa High Court

Asrumochan Dash vs State Of Odisha .... Opposite Party on 8 June, 2023

Author:
V. Narasingh

Bench:
V. Narasingh

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6059 of 2023

Asrumochan Dash .... Petitioner
Mr. S.K. Bhanjadeo, Advocate
-versus-

State of Odisha .... Opposite Party

Mr. G.R. Mohapatra, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

08.06.2023
Order No.

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

2. The Petitioner is an accused in T.R Case No.54 of 2023
pending on the file of learned 1st Addl. Sessions Judge-cum-Special
Judge (NDPS), Khurda, arising out of P.R. No.16 of 2023-24 for
commission of the offence under
Sections 21(b)
of the N.D.P.S.
Act.

3. Being aggrieved by the rejection of his application for bail
U/s. 439
Cr.P.C
by the learned Special Judge under
NDPS Act
,
Khurda, by order dated 25.05.2023 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 23.05.2023 on the accusation of possessing 24
grams of brown sugar.

5. It is further submitted that the contraband seized is less
than the commercial quantity and since the investigation has
progressed substantially, the Petitioner may be released on bail.

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6. Learned counsel for the State opposes the prayer for bail
during currency of investigation.

7. Considering the contraband seized is less than the
commercial quantity and substantial progress in investigation, this
Court directs the Petitioner to be 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 similar nature.

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

9. 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 submission of
final PR. Certification of such appearance shall be submitted to the
Court in seisin.

10. Accordingly, the BLAPL stands disposed of.

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

V. Narasingh, J
PKS (Vacation Judge)

Signature Not Verified

Digitally Signed

Signed by: PRADEEP KUMAR SWAIN

Reason: Authentication

Location: Orissa High Court

Date: 09-Jun-2023 11:56:25

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