Allowed

Kanti Nayak v. State of Odisha

Orissa HC10 Mar 2023BLAPL/1947/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to an accused charged under the NDPS Act for possessing 8kg of ganja. The Court noted the investigation had progressed and the accused was a first offender, directing release on terms to be fixed by the Sessions Judge.

What did the court decide?

Petitioner released on bail on terms to be fixed by the Court in seisin, including verification of criminal antecedents and weekly police appearance.

Kanti Nayak 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. 1947 of 2023

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Kanti Nayak

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…. Petitioner

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Mr. S. Harichandan, Advocate -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

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ORDER 10.03.2023

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Order No.

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01. 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is an accused in connection with 2(a) CC Case No.28 of 2023, pending in the Court of the learned Sessions Judge-cum-Special Judge, Cuttack, arising out of Excise Athagarh Range P.R. No.89 of 2022-23, for alleged commission of offences under Section 20(b)(ii)(B) of NDPS Act. 3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Cuttack by order dated 13.02.2023 in the aforementioned case, the present BLAPL has been filed. 4. It is submitted by the learned counsel that the petitioner is in custody since 07.02.2023 on the accusation of possessing contraband to the tune of 8Kgs(Ganja).

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It is submitted that since investigation has progressed substantially and as the petitioner is the first offender, he may be released on bail.

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

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Considering that the contraband seized is less than the commercial quantity and the period in custody, 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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While releasing the petitioner 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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Additionally, it is directed that the 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 learned Court in seisin.

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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.

(V. NARASINGH)

Judge

Ayesha

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Kanti Nayak v. State of Odisha

Case brief

What is this about?

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Kanti Nayak v. State of Odisha

Case brief

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