Allowed

Balakrushna Swain v. State of Odisha

Orissa HC12 Aug 2020BLAPL/3387/2020

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C. for an NDPS offence, the High Court rejected the State's opposition regarding the quantity of contraband and the petitioner's custody history, granting bail on specified conditions to appear and refrain from future offenses.

What did the court decide?

Petitioner released on bail subject to terms of appearing before the court and not committing similar offences.

Balakrushna Swain Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2020)

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BLAPL NO. 3387 OF 2020

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12.08.2020: The matter is taken up through video conferencing mode.

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This is the 2nd journey of the petitioner who has been implicated in connection with Tumudibandha P.S. Case No.58 of 2019 corresponding to C.T. Case No.95 of 2019 on the file of learned Special Judge-cum-Addl. Dist. and Sessions Judge, Baliguda running for alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that on the allegation that the petitioner was carrying 29 kgs. 400 gms of ganja in a bag in motorcycle; he has been custody since 18.08.2019. He further submits that the petitioner had no knowledge about content of the bag which was there in the motorcycle being kept by one of his friends for being delivered at his relation’s place under an honest belief. In view of all the above, when there remains no scope on the part of the petitioner to flee from justice or tamper the evidence, he urges for grant of bail to the petitioner.

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Learned counsel for the State opposes the move in view of the quantity of contraband ganja seized and rejection of the prayer on the earlier rejection.

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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; while being inclined to reconsider the prayer for grant of bail to the petitioner, it

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is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court is seisin of the case with 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 himself in commission of similar type of offence.

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The BLAPL is accordingly disposed of.

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……………………..

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D. Dash, J.

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Aks

Balakrushna Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balakrushna Swain 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

Coram

Case details

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