Allowed

Benu Nayak v. State of Odisha

Orissa HC24 Jul 2023BLAPL/2966/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the bail application of Benu Nayak, an accused in an NDPS case. Despite opposing arguments citing criminal antecedents and Section 37(1) of the NDPS Act, the Court ordered release on bail with strict conditions.

What did the court decide?

The petitioner was directed to be released on bail on terms to be fixed by the Court in seisin, subject to weekly appearance at the jurisdictional police station until the final form is submitted.

Benu 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. 2966 of 2023

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Benu Nayak

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…. Petitioner

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Mr. S.K. Pradhan, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. T.K. Praharaj, SC

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CORAM: JUSTICE V. NARASINGH

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ORDER 24.07.2023 Order No. 03. 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is an accused in connection with T.R. Case No.07 of 2023, pending in the file of learned District and Sessions Judge, Koraput-Jeypore, arising out of Bhairab Singhpur P.S. Case No.16 of 2023 for alleged commission of offences under Sections 20(b)(ii)(C) of the 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-Spl. Judge, Koraput-Jeypore by order dated 31.01.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the petitioner is in custody since 25.01.2023 on the accusation of possessing contraband (ganja) to the tune of 22 kg 300 grams. 5. An affidavit has been filed on behalf of the petitioner indicating that the petitioner is involved in two cases under the Bihar and Orissa Excise Act in which he has been enlarged on bail

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and another case i.e, C.T. Case No.1 of 2013 (NDPS), he has been acquitted.

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Adverting to the criminal antecedents and non-submission of final form, learned counsel for the State referring to the bar contained in Section 37(1) of the NDPS Act opposes the prayer for bail.

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Considering the nature of allegations, the quantity of contraband seized and bleak chance of early trial, 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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Keeping in view the criminal proclivity of the petitioner, 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 Court in seisin.

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Accordingly, the BLAPL stands disposed of. 10. Urgent certified copy of this order be granted as per rules.

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(V. NARASINGH) Judge

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Santoshi

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 25-Jul-2023 20:45:00

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Benu Nayak v. State of Odisha

Case brief

What is this about?

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Benu Nayak v. State of Odisha

Case brief

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