Allowed

Sraban Meher@ Sawan v. State of Odisha

Orissa HC19 Jan 2022BLAPL/9942/2021

Case brief

AI extract

What is this about?

Hearing an application for bail under Sec.439 Cr.P.C. involving alleged possession of contraband under the NDPS Act, the court observed no contraband was seized from the petitioner and he has no antecedents, finding reasonable grounds for release.

What did the court decide?

Release of petitioner on bail in connection with Case No.348/2021/N BDS (NDPS) subject to terms to be fixed by the Special Judge.

Sraban Meher@ Sawan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9942 of 2021

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Sraban Meher @ Sawan

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…. Petitioner Mr. S.S. Ray-2, Advocate

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-versus-

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State of Orissa

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…. Opposite Party Mr. P.K. Pattanaik, A.G.A.

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

19.01.2022

Order No.

This matter is taken up through video conferencing.

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This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.20(b)(ii)(C)/29 of the NDPS Act for alleged possession of contraband weighing 47.016 grams.

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Heard Mr. S.S. Ray-2, learned counsel for the Petitioner as well as Mr. P.K. Pattanaik, learned A.G.A. for the State-Opposite Party.

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It is submitted that the Petitioner is inside custody since 20.9.2021 and he has been implicated on the basis of statement of co-accused persons though no contraband was seized from his possession. It is further stated that the Petitioner has no criminal antecedents.

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After hearing learned A.G.A. for the State-Opposite Party and upon perusal of the record, it reveals that the other two coaccused persons having been found with possession of the contraband were taken into custody and they confessed to have

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collected contraband ganja from the present Petitioner. Admittedly neither any contraband was seized from possession of the present Petitioner at the time of his arrest nor he was present at the spot from where other two co-accused persons were detected with the ganja. The submission that the Petitioner has no criminal antecedents is also not disputed by learned A.G.A. Thus keeping in view the circumstances there appears reasonable ground in favour of the Petitioner for his release on bail.

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Accordingly, it is directed to release the Petitioner on bail in connection with Kesinga P.S. Case No.348/2021 corresponding to C.T. Case No.57/2021 (NDPS) on such terms and conditions to be fixed by the learned Special Judge, Kalahandi as he deems just and proper including the condition that the Petitioner 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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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice No.4798, dated 15^th April, 2021 and Court’s Office Order circulated vide Memo No.514, dated 7^th January, 2022.

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( B.P. Routray) Judge

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B.K. Barik

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Sraban Meher@ Sawan v. State of Odisha

Case brief

What is this about?

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Sraban Meher@ Sawan v. State of Odisha

Case brief

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