Allowed

Sk.Azharuddin v. State of Odisha

Orissa HC14 May 2019BLAPL/3323/2019

Case brief

AI extract

What is this about?

This bail application was filed under Section 439 Cr.P.C. for offences under the N.D.P.S. Act. The court granted bail considering the petitioner's young age, the quantity of drugs being below commercial threshold, non-applicability of Section 37 bar, and compliance with interim orders.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs. 20,000 with two solvent sureties each for Rs. 20,000.

Sk.Azharuddin Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2019)

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BLAPL No. 3323 of 2019

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14.05.2019 Heard learned counsel for the petitioner and learned counsel for the State.

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Learned counsel for the petitioner files the copy of the surrender certificate which is taken on record.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Badagad P.S. Case No.85 of 2019 corresponding to T.R. No.149 of 2019 pending in the Court of learned Sessions Judge, Khurda at Bhubaneswar for offences punishable under sections 21(C)/22(C)/29 of the N.D.P.S. Act.

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The petitioner moved an application for bail before the learned Sessions Judge, khurda, Bhubaneswar which was rejected on 05.04.2019.

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Learned counsel for the petitioner submitted that the petitioner is a young boy and he is in judicial custody since 25.03.2019 and in the meantime, the investigation has made substantial progress. He further submitted that the quantity of codeine phosphate which was available in the 320 bottles of eskuf syrup seized from the individual possession of the petitioner is 600 grams which is lesser than commercial quantity and bar under section 37 of the N.D.P.S. Act is not applicable and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State has produced the

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case dairy and placed the seizure list.

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Considering the submissions made by the learned

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counsel for the respective parties, the nature of accusation against the petitioner, progress of the investigation, the quantity of codeine phosphate which was available in the ESKUF cough syrups seized from the petitioner, absence of bar under section 37 of the N.D.P.S. Act for which quantity and young age of the petitioner and conduct of the petitioner in complying the interim bail order and surrendering at the right time as well as taking into account the period of detention of the petitioners in judicial custody, I am inclined to release of the petitioners on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs. 20,000/(Rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

…………………

S.K.Sahoo,J.

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Sk.Azharuddin v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk.Azharuddin v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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