Jyoti Ranjan Jena v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6786 of 2022 Jyoti Ranjan Jena ....
Petitioner Mr. P.S. Nayak, Advocate -versusState of Odisha ....
Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH
ORDER
14.10.2022 Order No.
02.
1.
This matter is taken up through hybrid mode.
2.
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
3.
The petitioner is an accused in connection with C.T. (NDPS) Case No.11 of 2022, pending in the Court of learned District & Sessions Judge-cum-Special Judge, Jajpur, arising out of P.R. Case No.13 of 2022-23 in the file of OIC, Jajpur Excise Station, for commission of offences under Section 21(b) of the NDPS Act.
4.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Jajpur, by order dated 04.07.2022 in the aforementioned case, the present BLAPL has been filed.
5.
It is submitted by the learned counsel for the petitioner that the contraband seized (7 grams of brown sugar) is admittedly less than the commercial quantity and since final P.R. has been
submitted on 04.07.2022 and the petitioner is in custody since 24.04.2022, his further continuance in custody is unwarranted. 6.
Learned counsel for the State opposes the prayer for bail inter alia stating the societal effect of release of the petitioner. 7.
Considering the submission made and taking into account the period of custody, 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.
8.
While releasing the petitioner on bail, it is directed that the learned Court below shall verify the criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled without any further reference to this Court.
9.
Accordingly, the BLAPL stands disposed of.
10.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha