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Likun Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Likun Digal Vs State of OdishaLikun Digal v. State of Odisha

Allowed

Likun Digal v. State of Odisha

Orissa HC28 Jul 2022BLAPL/6554/2022

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail application by directing the release of a petitioner accused of a narcotics offence under the N.D.P.S. Act. The Court granted bail, considering the contraband quantity was below commercial limits and the petitioner was a local person in custody.

What did the court decide?

Direction to release the petitioner on bail with conditions of weekly appearance before the Excise Financial and engaging an immediate family member as a surety.

What the court decided

AI extract

Outcome

Direction to release the petitioner on bail with conditions of weekly appearance before the Excise Financial and engaging an immediate family member as a surety.

Issue for consideration

Whether the petitioner, an accused charged under the N.D.P.S. Act and in custody, should be released on bail given the below commercial quantity, age, and local connection.

Detailed headnote1 paragraphs

The High Court directed the release of an accused in an N.D.P.S. case on bail. The Court held that since the quantity of contraband (15 kgs) was below the commercial quantity, and considering the petitioner's age, local connection, and period of custody, he could be released. The petitioner must appear before the Excise Financial once a week until the final Police Report is submitted.

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. 6554 of 2022

Likun Digal

Petitioner

Mr. B.P. Chhualsingh, Advocate -versus-

State of Odisha

…. Opposite Party

Mr. A. Pradhan, ASC

CORAM: JUSTICE V. NARASINGH

ORDER 28.07.2022

Order No.

02. 1. 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 2(a) C.C. Case No.11 of 2022, on the files of learned Special Judge-Cum-A.D.J. Balliguda, Dist-Kandhamal, arising out of P.R. Case No.26 of 2022-23, under Section 20(b)(ii)(B) of the N.D.P.S. Act and is in custody since 18.06.2022.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum-A.D.J. Balliguda, Dist-Kandhamal, by order dated 21.06.2022 in the aforementioned case, the present BLAPL has been filed.

Page 1 of 2

Admittedly the quantity of contraband being seized (15 kgs) below the commercial quantity. Taking into account the age of the petitioner and he being a local person and period of custody, this Court directs the petitioner to be released on bail.

The learned Court in seisin over the matter to fix the terms including that he shall appear before the Excise Financial once in every week till the submission of final P.R. and while releasing the petitioner on bail one of the sureties shall be his immediate family member.

Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH)
Judge
Santoshi

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, an accused charged under the N.D.P.S. Act and in custody, should be released on bail given the below commercial quantity, age, and local connection.

Statutes considered

2 provisions across 2 enactments

AI extract

Code of Criminal Procedure439
NDPS Act20(b)(ii)(B)

Parties & counsel

AI extract

petitioner
Likun Digal
respondent
State of Odisha

Coram

AI extract

V. Narasigh

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 28 Jul 2022 · July
Registered: 13 Jul 2022
Case no.: BLAPL/6554/2022
CNR: ODHC010446362022
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Allowed

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Cite this judgement

Likun Digal v. State of Odisha, BLAPL/6554/2022 (OD), decided on 28 July 2022.

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

Statutes2

Code of Criminal Procedure439
NDPS Act20(b)(ii)(B)

View all statutes

Bench / Coram

V. Narasigh

Parties & counsel