Allowed

Subash Nayak v. State of Odisha

Orissa HC21 Mar 2023BLAPL/301/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application filed by an accused in a continuing Schedule 28 offence involving narcotics. Considering the manner of implication, first offense status, and substantial investigation progress, the Court granted bail with conditions to appear weekly before the Investigating Officer.

What did the court decide?

Petitioner released on bail; directed to appear before Investigating Officer weekly; Court in seisin to verify antecedents.

Subash 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. 301 of 2023

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Subash Nayak

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Petitioner

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Mr. R.K. Pattanaik, Advocate

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-versus-

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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

21.03.2023

Order No.

03.

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

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The petitioner is an accused in connection with C.T. Case No.61 of 2022, pending in the Court of learned Sessions Judgecum-Special Judge, Kalahandi at Bhawanipatna arising out of Madanpur Rampur P.S. Case No.237 of 2022, 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, Bhawanipatna by order dated 04.01.2023 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 04.01.2023 on the accusation of possessing contraband to the tune of 50Kgs 440gms(Ganja) along with the coaccused.

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

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It is further submitted by the learned counsel that the FIR was against unknown persons and the petitioner has been only implicated on account of the co-accused statement. Hence, his further continuance in custody is punitive.

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Learned counsel for the State opposes the prayer for bail relying on the bar contained under Section 37 of the NDPS Act.

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Taking into account the manner of implication and the substantial progress in investigation as stated and that the petitioner is the first offender, as submitted, 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 the petitioner shall appear before the Investigating Officer once every week till submission of final form on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.

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Before releasing the petitioner, learned Court in seisin is called upon to verify the criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any 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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Subash Nayak v. State of Odisha

Case brief

What is this about?

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Subash Nayak v. State of Odisha

Case brief

What is this about?

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