Allowed

Asish Kumar Parida v. State of Odisha

Orissa HC21 Jun 2019BLAPL/4997/2019

Case brief

AI extract

What is this about?

This bail application concerns an offence under Section 21(b) of the NDPS Act involving 60 grams of heroine. The court held that since the quantity was not commercial and Section 37 was not a bar, the petitioner was released on bail upon furnishing a bond and providing two solvent sureties.

What did the court decide?

The petitioner was released on bail upon furnishing a bond of Rs. 20,000 with two solvent sureties each for the like amount.

Asish Kumar Parida Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2019)

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BLAPL No.4997 of 2019

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21.06.2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with 2(a)CC (N.D.P.S.) No.02 of 2019 arising out of E.I. & E.B. Unit-I, Cuttack P.R. No.24 of 2019-20 pending in the Court of learned Sessions Judge, Jajpur Road, Jajpur for offence punishable under section 21(b) of N.D.P.S. Act.

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The petitioner moved an application for bail before the learned Addl. Sessions Judge, Jajpur Road which was rejected on 26.06.2018.

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Learned counsel for the petitioner submits that the petitioner is in custody since 24.04.2019 and the contraband heroine which is stated to have been seized from the possession of the petitioner is 60 grams which is lesser than commercial quantity and section 37 of N.D.P.S. Act is not a bar for grant of bail for such quantity and therefore, the bail application of the petitioner may be favourably considered. He files certified copy of the seizure list which is taken on record.

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Learned counsel for the State opposed the prayer for bail.

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Considering the submissions made by the learned counsels for the respective parties, nature of accusation against the petitioner, quantity of heroine seized from the possession of the petitioner, absence of any bar under section 37 of the N.D.P.S. Act for such quantity and period of detention of the petitioner in judicial custody, I

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am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the BLAPL is disposed of.

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

…………………..

S. K. Sahoo, J.

sisir

Asish Kumar Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

Asish Kumar Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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