Krushna Chandra Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10927 of 2022 Krushna Chandra Sahu ....

Petitioner Mr. S. Dwibedi, Advocate -versusState of Odisha ....

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

ORDER

20.12.2022 Order No.

02.

1.

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

2.

The petitioner is an accused in connection with C.T (Special) NDPS Case No.19 of 2022, pending in the file of the learned Special Judge -cum- Additional Sessions Judge, Talcher, arising out of Talcher Excise Station P.R. No.111 of 2022-23, for alleged commission of offences under Section 21(b) of NDPS Act. 3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Talcher, by order dated 20.10.2022 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 16.10.2022 and since final P.R. has been submitted on 14.12.2022, further continuance of the petitioner in custody is unwarranted.

5.

Final P.R. submitted is taken on record which indicates that the accusation is that the petitioner was possessing contraband to the tune of 6gms of Brown Sugar.

6.

Considering the period of custody and that he is 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. 7.

Before releasing the petitioner, learned Court in seisin shall verify assertion regarding the criminal antecedents of similar nature. If it comes to the fore that the petitioner has such criminal antecedent, this order shall stand recalled.

8.

Accordingly, the BLAPL stands disposed of.

9.

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