Krushnapriya Pahil v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9656 of 2022 Krushnapriya Pahil ....

Petitioner Mr. R.C. Maharana, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

30.11.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in T.R. No.124 of 2022, pending before the Court of learned Sessions Judge-cum-Special Judge, Kendrapara, arising out of Kendrapara Excise Station P.R. No.72 of 2022-23, for commission of alleged offences under Section 21(b) 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-cum-Sessions Judge, Kendrapara by order dated 22.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the petitioner is in custody since 26.08.2022 and final P.R. has been submitted on 21.10.2022.

6.

Copy of such P.R. filed in Court is taken on record. 7.

Learned counsel for the State opposes the prayer for bail. 8.

Considering that the contraband seized is 27gms of heroin (brown sugar) is less than the commercial quantity and investigation having been concluded, 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.

9.

While releasing the petitioner on bail, the learned Court below shall verify assertion regarding criminal antecedent of similar nature. If it comes to the fore that the petitioner has such criminal antecedent, this order shall stand recalled.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

(V. NARASINGH) Judge Santoshi