Allowed

Manjit Sharma v. Ncb

Orissa HC7 Nov 2023BLAPL/3886/2023

Case brief

AI extract

What is this about?

The High Court of Orissa, Cuddalore (sic, text says Cuttack), granted bail to the petitioner in a case involving alleged narcotic offences. The court directed the petitioner to abide by stringent conditions, including the presence of a surety, availability on an active mobile phone, and appearance before the local police, to be finalized by the court having seisin of the trial court.

What did the court decide?

Bail granted subject to stringent conditions to be imposed by the court in seisin including surety, active mobile phone, and appearance before police.

Manjit Sharma Vs Ncb — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 3886 of 2023

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Manjit Sharma

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Petitioner

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Mr. D. Mohapatra, Advocate

-versus-

NCB

Opp. Party

Mr. P.S. Nayak, Sr. Panel Counsel Union of India (NCB)

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CORAM:

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JUSTICE M.S. SAHOO

Order No.

ORDER

07.11.2023

Hybrid Mode 1. The BLAPL has been filed under Section 439 Cr.P.C.

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seeking release of the petitioner on bail, who is in jail custody in connection with NCB P.S. Case No.02 of 2023 corresponding to T.R. No.117 of 2023 pending in the court of the learned Sessions Judge, Bhubaneswar for the alleged offences U/s.8(c), 18(b), 28 and 29 of NDPS Act.

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Learned counsel for the petitioner refers to the earlier orders passed by this Court directing the investigating agency-NCB to verify and obtain the past allegations of criminal activity against the petitioner, if any, as directed by order dated 11.09.2023 reiterated on 27.09.2023 and 11.10.2023.

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Learned counsel for the petitioner submits that the petitioner is in custody since 22.02.2023. The petitioner shall abide by any terms and conditions that would be imposed for grant of bail to the petitioner. He shall also abide by the conditions to appear before and co-operate with the investigation as well as subject himself to the

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jurisdiction of the learned court in seisin of the matter. 4. Learned Sr. Panel Counsel in response submits that as per the instructions obtained by the NCB from the local police having jurisdiction over the place of residence of petitioner, there has been no past allegations against the petitioner.

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Copy of the said report furnished by the learned Sr. Panel Counsel is taken on record.

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Learned Sr. Panel Counsel for the NCB vehemently opposes the prayer for bail stating that the contraband seized from the petitioner is more than the commercial quantity. Learned counsel also refers to the provisions contained in Section 37 of the NDPS Act to oppose the prayer for bail.

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Apart from opposing the prayer for bail, learned Sr. Panel Counsel submits that if this Court is inclined to grant bail, suitable conditions should be imposed to ensure the cooperation of the accused in the investigation and subsequent trial.

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Having heard learned counsel for the petitioner, learned Sr. Panel Counsel Union of India for the NCB and considering the material on record, this Court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter which shall also include the following conditions:- that a family member of the petitioner shall stand surety for grant of bail; that the petitioner shall appear before the local police station of jurisdiction at the place of residence of the petitioner; that the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed,

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and in case of any change of mobile number of the petitioner for any reason, the same shall be communicated to the Investigating Agency; and a condition that any violation of/deviation from any of the terms and conditions that would be imposed for grant of bail shall result in filing of petition for cancellation of bail by the informant/victim/law enforcement agency.

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Learned court in seisin, if required, shall hear the learned counsel for the petitioner and learned counsel for the NCB before imposing the conditions of bail and the bail shall be granted after satisfaction of the learned court regarding compliance of the pre-conditions that would be imposed.

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The BLAPL is disposed of accordingly.
Urgent certified copy of this order be granted on
proper application.
(M.S. Sahoo)
Judge

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Signature Not Verified

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Digitally Signed Signed by: RADHARANI JENA Designation: Personal Assistant Reason: Authentication Location: ohc Date: 10-Nov-2023 17:53:13

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Manjit Sharma v. Ncb

Case brief

What is this about?

What did the court decide?

Manjit Sharma v. Ncb

Case brief

What is this about?

What did the court decide?

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