Ajaya @ Deepak @ Dipu Nayak Vs State of Odisha

This is an application under section 439 Cr.P.C. in connection with Special Task Force P.S. Bhubaneswar No.01 of 2020 corresponding to T.R No.3/36 of 2020 pending in the file of learned 2^nd Addl. Sessions Judge, Puri for alleged commission of offence under sections 21(b)/29 of the N.D.P.S. Act.

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The petitioners moved an application for bail before the Court of learned 2^nd Addl. Sessions Judge, Puri, which was rejected on 07.03.2020.

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Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 05.01.2020 and the quantity of brown sugar (heroin) seized from the possession of the

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petitioners is 10 grams, which is lesser than the commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and on hearing the learned counsel for the State, I am inclined to release the petitioners on bail.

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

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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…………………..…… S.K. Sahoo, J.

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PKSahoo

Ajaya @ Deepak @ Dipu Nayak v. State of Odisha

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Ajaya @ Deepak @ Dipu Nayak v. State of Odisha

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