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Manas Kumar Pradhan v. State of Odisha

Orissa HC9 Mar 2023BLAPL/1730/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to petitioners accused of possessing ganja under NDPS Act. The Court noted substantial investigation progress and quantity below commercial levels, directing release pending verification of antecedents and cooperation with investigation.

What did the court decide?

Directs release of petitioners on bail on terms to be fixed by the court below subject to verification of antecedents and cooperation with investigation.

Manas Kumar 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.1730 of 2023

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Manas Kumar Pradhan & …. Petitioners another

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State of Odisha

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-versus-

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Mr. J.K. Panda, Advocate Opposite Party Mr. K. K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 09.03.2023

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Order No.

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1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are an accused in Special Case (NDPS) No.29 of 2023 pending on the Court of learned Sessions Judgecum-Special Judge, Boudh arising out of Purunakatak P.S. Case No.09 of 2023 for commission of the offence alleged under Section 20(b)(ii)(B) of N.D.P.S. Act.

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge, Boudh by order dated 08.02.2023 in the aforementioned case, the present BLAPL has been filed. 4. It is submitted by the learned counsel that the Petitioners are in custody since 12.01.2023 on the accusation of possessing the

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contraband (ganja) to the tune of 12 Kg. 100 grams, which is admittedly less than the commercial quantity.

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It is further submitted that since the investigation has progressed substantially, the Petitioners may be released on bail.

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

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Considering the substantial progress in investigation and contraband seized being less than the commercial quantity, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter subject to verification of the criminal antecedent of similar nature.

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If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall stand recalled.

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Additionally, it is directed that the Petitioners shall cooperate with the investigation and shall appear before the I.O once every 15 days 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. While fixing such date and time learned Court in seisin shall be alive to the fact that the Petitioner No.2 is a lady.

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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

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rules.

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(V. NARASINGH) Judge

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PKS

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Manas Kumar Pradhan v. State of Odisha

Case brief

What is this about?

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Manas Kumar Pradhan v. State of Odisha

Case brief

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