Allowed

Dhanu Pradhan v. State of Odisha

Orissa HC23 Feb 2023BLAPL/1182/2023

Case brief

AI extract

What is this about?

The High Court granted bail to a petitioner accused of possessing ganja under the NDPS Act, overriding the statutory bar of Section 37, due to improper seizure manner and bleak trial prospects, while directing verification of antecedents.

What did the court decide?

Released the petitioner on bail with terms to be fixed by the seisin court and directed that one surety must be an immediate family member.

Dhanu Pradhan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1182 of 2023

Dhanu Pradhan

Petitioner

Mr. A. Das, Advocate

-versus-

State of Odisha

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

23.02.2023

Order No.

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

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The petitioner is an accused in connection with Special Case No.222 of 2022, pending in the Court of the learned Sessions Judge-cum-Special Judge, Balasore, arising out of Basta P.R. No.74 of 2022-23, for alleged commission of offences under Section 20(b)(ii)(C) of the N.D.P.S. Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Balasore, by order dated 20.01.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the petitioner along with the co-accused has been taken into custody on 30.08.2022 on the accusation of possessing contraband to the tune of 50Kgs (Ganja).

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It is submitted that as final P.R. has been submitted on 10.09.2022, he may be released on bail.

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It is the further submission of the learned counsel for the petitioner that individual seizure has been clubbed together to indicate that the bar under Section 37 of the NDPS Act is attracted, and as the petitioner is the first offender, it is prayed that liberal view may be taken.

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Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37 of the NDPS Act and also submits that even if the contention of the learned counsel for the petitioner is accepted at its face value, such independent seizure being more than commercial quantity, in view of the operation of Section 37 of the NDPS Act, the petitioner cannot be released on bail.

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Considering the manner in which the seizure has been effected and bleak chance of early trial, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

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Additionally, it is directed that one of the sureties shall be immediate member of the family.

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While releasing the petitioners on bail, the learned Court in seisin shall verify criminal antecedent of similar nature . If it comes to the fore that the petitioner has any such criminal antecedent, this order shall stand recalled.

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Accordingly, the BLAPL stands disposed of.

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

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(V. NARASINGH) Judge

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Ayesha

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Dhanu Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dhanu Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

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