Sk. Abid v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10929 of 2022 Sk. Abid ....

Petitioner Mr. P.K. Das, Advocate -versusState of Orissa ....

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

ORDER

05.12.2022 Order No.

01.

1.

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

2.

The petitioner is an accused in connection with Special (N.D.P.S) Case No.164 of 2022, pending in the Court of the learned Sessions -cum- Special (NDPS) Judge, Bhadrak, arising out of E.I. & E.B. Unit-II (C.D.) Cuttack P.R. Case No.313 of 2022-23, for alleged commission of offences under Section 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, Bhadrak, by order dated 21.10.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Admittedly since the quantity of the contraband (brown sugar) is to the tune of 212gms, which is less than the commercial quantity as prescribed and keeping in view the petitioner is in

custody since 22.08.2022 and submission of final P.R. on 19.10.2022, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 5.

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

6.

Accordingly, the BLAPL stands disposed of.

7.

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