Allowed

Rajendra Badhei v. State of Odisha

Orissa HC3 Aug 2021BLAPL/338/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed bail to the petitioner in a narcotics case under the NDPS Act. Considering the completed investigation, lack of criminal antecedents, and the petitioner's residence status, the Court directed release on bail subject to appearance in person and avoiding criminal activity.

What did the court decide?

Petitioner released on bail on terms appearing in person on dates of posting and not indulging in criminal activity.

Rajendra Badhei Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL NO.338 OF 2021

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Rajendra Badhei

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…. Petitioner

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Mr. Jagabandhu Sahu, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. Soubhagya Ketan Nayak, AGA

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CORAM:

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MR. JUSTICE D.DASH ORDER 03.08.2021

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Order No.

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This matter is taken up through hybrid arrangement (virtual/physical) mode.

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The Petitioner being in custody in connection with Buden P.S. Case No.166 of 2020 corresponding to Special G.R. Case No. 57of 2020 on the file of learned Addl. Sessions Judge-cum-Special Judge, Padampur, running for alleged commission of offence under Section 20(b)(ii)(C) /25/29 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 attributing the possession of contraband ganja of 48 Kg. 220 gram to the Petitioner after recovery from the house where other adult members were also residing; this Petitioner being arrested in the case is in custody since 15.10.2020 and investigation is complete; when there remains no materials on

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record to show that Petitioner has any criminal antecedent as to his involvement in similar activity. It is submitted that Petitioner being the permanent resident of village Kukurimunda under Buden Police Station in the district of Bargarh, there remains no scope on the part of the Petitioner to flee from justice and most of the witnesses being officials, the question of tampering the evidence also does not arise. In view of all these above; he urges for grant of bail to the Petitioner as according to him, his further detention of the Petitioner in custody would serve no useful purpose.

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Learned counsel for the State opposes the move, in view of the quantity of contraband involved in the case. He however is not in a position to place anything from the record that shortly before the recovery of the bags with contraband ganja, this Petitioner had any dealing with those in any manner during the period of storage or before that.

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Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances including the period of detention of the Petitioner in custody and on going through the order passed by the learned Addl. Sessions Judge; in the absence of any such impediment; it 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:-

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he will appear in person before the Court in seisin of the case on each date of posting of the case without fail; and

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will not indulge himself in any criminal activity.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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(D. Dash),

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Narayan

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Judge.

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Rajendra Badhei v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajendra Badhei v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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