Muna Putel v. State of Odisha

BLAPL No. 1450 of 2021

Muna Putel ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party

1. 17.03.2021 This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with C.T.(Special) Case No.69 of 2020 arising out of Jharsuguda P.S. Case No.802 of 2020 pending in the Court of learned Special Judge, Jharsuguda for offence punishable under section 20(b)(ii)(B) of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Special Judge, Jharsuguda which was rejected on 04.02.2021.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 06.11.2020, investigation has made substantial progress and there is no criminal antecedent against the petitioner and the quantity of ganja seized from the possession of the petitioner is 7 kgs. 700 grams which is lesser than commercial quantity and therefore, bar under section 37 of the N.D.P.S. Act is not applicable and after hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local 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.