Allowed

Rahul Bodu v. State of Odisha

Orissa HC11 Sept 2019BLAPL/362/2019

Case brief

AI extract

What is this about?

The Court granted bail to the petitioner, who was a fugitive in a commercial quantity ganja case under the NDPS Act, noting the limited inference of knowledge regarding the charge. Bail was granted with specific reporting conditions.

What did the court decide?

Petitioner released on bail with terms to appear before the trial court and police station on Sundays for ten months or till trial conclusion.

Rahul Bodu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2019)

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BLAPL No.362 of 2019

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11.09.2019

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The petitioner being in custody in Orkel P.S. Case No.137 of 2018 corresponding to T.R. Case No.140 of 2018 pending in the court of the learned Sessions Judge-cum-Special Judge, Malkangiri running for the alleged commission of offence under section 20(b)(ii)(C)/25/29/27-A of the NDPS Act has filed this application under section 439, Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that although from the vehicle in which this petitioner was travelling was found to be carrying about 43 kgs of ganja in two packets, yet the recovery of ganja made from other following vehicles, having been added; this petitioner has been implicated in the alleged carriage of 108 kgs of ganja recovered from all the vehicles. He further submits that two packets containing in total 43 kgs and odd of ganja, is said to have been recovered from the dickey of the vehicle wherein this petitioner was sitting and, therefore, the knowledge of this petitioner as to the keeping of ganja in the vehicle is not readily inferable. 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 the petitioner who has already remained in custody by now for more than six months.

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Learned counsel for the State opposes the move in view of the fact that the petitioner is involved in commission of offence concerning the commercial quantity of ganja in so far as this case is concerned.

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Considering the submissions made and on going through the materials available on record; further keeping in view the surrounding circumstances as also the period of detention of the petitioner in custody, it is directed that the petitioner be released

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on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he would 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 also appear before the concerned police station on every Sunday in between 10.00 am to 2.00 pm for a period of ten months or till conclusion of the trial, whichever is earlier.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy of this order as per rules.

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D. Dash,J.

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Basu

Rahul Bodu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rahul Bodu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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