Allowed

Babula v. State of Odisha

Orissa HC23 Nov 2020BLAPL/7659/2019

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in a narcotics case under Section 439 Cr.P.C., finding reasonable grounds for innocence due to lack of arrest from spot, absence of seized contraband, and no criminal antecedents, despite alleged commercial quantity.

What did the court decide?

Petitioner released on bail with conditions to appear at police station fortnightly and not commit other offences.

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

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BLAPL No. 7659 of 2019

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23.11.2020

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Heard learned counsel for the petitioner as well as learned Counsel for the State through Video Conferencing.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Padmapur P.S. Case No. 11 of 2019 corresponding to C.T. Case No. 15 of 2019 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Gunupur for alleged offence under Section 20(b)(ii)(c) of the N.D.P.S. Act.

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It is submitted on behalf of the petitioner that the petitioner is inside custody since 12.08.2019 and in the meantime, though investigation has been completed no material could be collected against the petitioner except the statement of the co-accused persons who allegedly stated that on the instruction of this petitioner these contraband was being transported.

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Shri Mund, learned Addl. Govt. Advocate on instruction submits that this petitioner has no criminal antecedent but he opposes the prayer for bail by submitting that the alleged quantity of contraband ganja attracts the commercial quantity.

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Upon hearing both the parties and considering the materials as placed by the learned counsel for the State, it is found that the petitioner was not arrested from the spot and no contraband has been seized from his possession. As submitted he has also no criminal antecedents of commission of any offence. Thus, there appears reasonable ground in favour of innocence of the petitioner

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and accordingly, it is directed to release the petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court below in seisin over the matter including the condition that the petitioner shall appear before the IIC, Padmapur police station once in each fortnight till conclus ion of the trial and he shall not be involved in any other offence while on bail.

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The BLAPL is accordingly disposed of.

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Copy of this order be uploaded in the High Court’s Official Website as per Court’s Notice No.4587, dated 25.03.2020.

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……………………… B.P.Routray, J.

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Babula v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babula v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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