Dillip Deep v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9728 of 2022 Dillip Deep & Another ....

Petitioners Mr. B. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

26.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioners are accused in connection with C.T(Special) Case No.66 of 2022, pending in the file of learned Sessions Judge-cum-Special Court, Bargarh, arising out of Bargarh Town P.S. Case No.549 of 2022, for alleged commission of offences under Section 21(b) of the N.D.P.S. Act. 5.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Bargarh , by order dated 22.09.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the order of rejection.

7.

Admittedly since the quantity of the codeine phosphate is to the tune of 160gms is less than the commercial quantity as

prescribed, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter. 8.

While releasing the petitioners on bail, the learned court in seisin over the matter shall verify criminal antecedent of the petitioners. If it comes to the fore that the petitioners have any criminal antecedent of similar nature, this order shall stand recalled. 9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha