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Sidhanta Choudhury Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Sidhanta Choudhury Vs State of OdishaSidhanta Choudhury v. State of Odisha

Allowed

Sidhanta Choudhury v. State of Odisha

Orissa HC2 Nov 2022BLAPL/10113/2022

Case brief

AI extract

What is this about?

Petitioner, accused of offences under Section 21(b) of NDPS Act with contraband under 10gms, sought bail after second bail rejection. Court granted bail as contraband was less than commercial quantity, considering short custody and age, leaving terms to the court in seisin.

What did the court decide?

Petitioner directed to be released on bail on such terms to be fixed by the Court in seisin over the matter.

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on such terms to be fixed by the Court in seisin over the matter.

Issue for consideration

Whether the petitioner should be released on bail after having been rejected by the Sessions Judge in his application under Section 439 Cr.P.C. for alleged offences under Section 21(b) of NDPS Act whe

Detailed headnote1 paragraphs

In a bail application under Section 439 Cr.P.C. for offences under Section 21(b) of NDPS Act where seized contraband (42gms Brown Sugar) is less than commercial quantity, this Court allowed the bail application. The order directs release on bail on terms to be fixed by the court in seisin, considering the period of custody, age of the petitioner, and pending final police report.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10113 of 2022

Sidhanta Choudhury

…. Petitioner

Mr. G.C. Mohanty, Advocate -versus-

State of Odisha

…. Opposite Party

Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

02.11.2022

Order No.

01.

This matter is taken up through hybrid mode.

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

The petitioner is an accused in connection with 2 (a) CC Case No.35 of 2022, pending in the Court of the learned 3^rd Additional Sessions Judge, Cuttack, arising out of P.R. No.155 of 2022, for alleged commission of offences under Section 21(b) of NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge -cum- Special Judge, Cuttack, by order dated 05.07.2022 in the aforementioned case, the present BLAPL has been filed.

Perused the order of rejection.

This is the second journey of the petitioner to this Court.

Page 1 of 2

It comes to the fore on perusal of the order of rejection that the contraband seized (Brown Sugar) is to the tune of 42gms, which is admittedly less than the commercial quantity.

It is stated by the learned counsel for the petitioner that the petitioner is in custody since 22.06.2022 and hence he may be released on bail.

Considering that the contraband seized is less than the commercial quantity and the period of custody and filing of final P.R. and taking into account the age of the petitioner, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

(V. NARASINGH)
Judge
Ayesha

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner should be released on bail after having been rejected by the Sessions Judge in his application under Section 439 Cr.P.C. for alleged offences under Section 21(b) of NDPS Act whe

Statutes considered

2 provisions across 2 enactments

AI extract

NDPS Act21(b)
Cr.P.C.439

Parties & counsel

AI extract

petitioner
Sidhanta Choudhury
respondent
State of Odisha

Coram

AI extract

V. NARASINGH

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 2 Nov 2022 · November
Registered: 15 Oct 2022
Case no.: BLAPL/10113/2022
CNR: ODHC010695862022
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Allowed

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Cite this judgement

Sidhanta Choudhury v. State of Odisha, BLAPL/10113/2022 (OD), decided on 2 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

NDPS Act21(b)
Cr.P.C.439

View all statutes

Bench / Coram

V. NARASINGH

Parties & counsel