Jitendra Sahoo @ Jitendra Kumar Sahoo @ Jitu Vs State of Odisha

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BLAPL No. 7004 of 2020

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JITENDRA SAHOO @ JITENDRA KUMAR SAHOO @ … PETITIONER JITU

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

06.11.2020 The matter is taken up through Video Conferencing.

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

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This is an application under section 439 Cr.P.C. in connection with Samal Barrage P.S. Case No.184 of 2020 corresponding to C.T. (Spl.) NDPS Case No.05 of 2020 pending in the file of learned Addl. Special Judge, Talcher for alleged commission of offence under section 21(b) of the N.D.P.S. Act.

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The prayer for bail of the petitioner was rejected by the learned Addl. Special Judge, Talcher vide order dated 23.09.2020.

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Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 22.09.2020, the quantity of Codeine Phosphate found in the Eskuf cough syrup bottles seized from the possession of the petitioner is lesser than the commercial quantity and absence of the bar under section 37 of the N.D.P.S. Act for such quantity and further taking into account the progress of

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investigation and on hearing the learned counsel for the State, I 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 a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions that the petitioner shall appear before the Samal Barrage Police Station once in a fortnight on Sunday in between 10 a.m. to 4 p.m. for a period of three months from the date of release.

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The BLAPL is accordingly disposed of. A copy of the order be handed over to the learned counsel for the State.

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Issue urgent certified copy as per Rules.

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…………………..…… S.K. Sahoo, J.

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PKSahoo

Jitendra Sahoo @ Jitendra Kumar Sahoo @ Jitu v. State of Odisha

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Jitendra Sahoo @ Jitendra Kumar Sahoo @ Jitu v. State of Odisha

Case brief

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What the court decided

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