Allowed

Sunil S v. State of Odisha

Orissa HC22 Aug 2019BLAPL/1015/2019

Case brief

AI extract

What is this about?

Single judge entertained bail application under Section 439 CrPC of a detainee in Phulbani Town PS Case under NDPS Act. Court noted lack of specific allegation regarding possession or transportation of ganja. Granted bail on conditions to appear for trial and not commit similar offences.

What did the court decide?

Petitioner released on bail in CN 213/2018 CP 26/2019 CT 74/2018 on terms and conditions deemed just and proper by the Court in seisin.

Sunil S Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2019)

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BLAPL No. 1015 OF 2019

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22.08.2019 The petitioner being in custody in connection with Phulbani Town P.S. Case No. 213 of 2018 corresponding to C.T. Case No. 74 of 2018 pending in the court of learned District and Sessions Judge-cum-Special Judge, Phulbani, running for the alleged commission of offence under sections 20(b)(ii)(C) of NDPS Act has filed this application under section 439 of Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that on the allegation that this petitioner was in possession of 28 kgs.200 grams of ganja, he has been in custody since 17.12.2018. He further submits that as per the prosecution case, the ganja kept in plastic bag was lying near a place in the bus stand and it is said that this petitioner and others were nearby; two sitting and three standing near the bag. It is also submitted that there is no specific allegation against this petitioner as to whether he was actually involved in the process of bringing that bag to the place. In view of all the above, when there remains least scope on the part of the petitioner to flee from justice or tamper the evidence, he urges for grant of bail to this petitioner.

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Learned counsel for the State opposes the move. He, on instruction, submits that the petitioner has no criminal antecedent.

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Considering the submissions made and on going through the materials as placed, further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody, it is directed that the

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petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with the further conditions that he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial and will not indulge in commission of similar type of offence.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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……………………..

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D. Dash, J.

Sunil S v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunil S v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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