Allowed

Rajesh Sahani v. State of Odisha

Orissa HC6 Mar 2023BLAPL/1477/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application filed by an accused in a Narcotic Drugs and Psychomimetic Substances Act case. The court granted bail noting the quantity of ganja was below commercial limits, the petitioner was a first offender, and was in custody. It directed specific reporting conditions.

What did the court decide?

The petitioner was directed to be released on bail on terms to be fixed by the learned Court in seisin, with a condition to appear weekly before the jurisdictional police station.

Rajesh Sahani 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. 1477 of 2023

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Rajesh Sahani

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…. Petitioner

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Mr. S.K. Biswal, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. A. Pradhan, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

06.03.2023

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 2(a) C.C. Case No.04 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Phulbani arising out of P.R. Case No.96 of 2022-23 for commission of alleged offences under Sections 20(b)(ii)(B) of the NDPS Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Phulbani by order dated 03.02.2023 in the aforementioned case, the present BLAPL has been filed.

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Perused the order of rejection.

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It is submitted by the learned counsel that the petitioner is in custody since 30.01.2023 on the account of possessing contraband (ganja) to the tune of 15 kgs, which is less than

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commercial quantity, as prescribed, his further continuance in custody is not warranted.

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Learned counsel for the State opposes the prayer for bail during the currency of investigation.

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Considering the quantity being less than commercial quantity, the age of the petitioner and he being the first offender, as stated, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Additionally, it is directed that petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

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While releasing the petitioner on bail, learned Court below shall verify the criminal antecedent of similar nature. If it comes to 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 the

rules.

(V. NARASINGH)

Judge

Santoshi

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Rajesh Sahani v. State of Odisha

Case brief

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Rajesh Sahani v. State of Odisha

Case brief

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