Allowed

Sarat Chandra Hantal v. State of Odisha

Orissa HC23 Jun 2023BLAPL/4462/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the bail application of an accused in an NDPS case involving 21 kgs of ganja. The Court was influenced by the alleged weighing error and the release of a co-accused on bail, directing the lower court to fix bail terms and verify antecedents.

What did the court decide?

Petitioner directed to be released on bail on terms to be fixed by the Court in seisin; to appear before the police station monthly.

Sarat Chandra Hantal 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. 4462 of 2023

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Sarat Chandra Hantal

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…. Petitioner

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Mr. P.K. Nanda, 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

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ORDER 23.06.2023 Order No. 02. 1. Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is an accused in connection with Spl. G.R. Case No.73 of 2023, pending in the file of learned Sessions Judgecum-Special Judge, Malkangiri, arising out of Malkangiri P.S. Case No.144 of 2023 for alleged commission of offences under Sections 20(b)(ii)(C)/25/29 of NDPS.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 20.03.2023 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 19.03.2023 on the accusation of possessing contraband (ganja) to the tune of 21 kgs.

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It is further submitted that in the case at hand wrong weighment cannot be ruled out so as to bring it within the rigors of Section 37 of the NDPS Act.

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Page 1 of 2

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Learned counsel for the State opposes the prayer for bail relying on the bar contained in Section 37 of the NDPS Act and submits that defence plea as advanced cannot be taken into account at this stage.

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It is further submitted by the learned counsel for the petitioner that the co-accused Manoj Kumar Muduli has since been released on bail by this Court by order dated 05.05.2023 in BLAPL No.3267 of 2023. Hence on the ground of parity, the petitioner seeks release.

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Learned counsel for the State submits that the said coaccused was released on bail since the seizure was not from his conscious possession.

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It is further submitted by the learned counsel for the petitioner, on instruction that the petitioner was earlier implicated in the case under the Special Act, which was subject matter of trial in T.R. No.80 of 2018, on the file of the learned Special Judge, Malkangiri and the petitioner has since been acquitted in the said case and save and except the same, the petitioner has no other criminal antecedent.

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Taking into account the quantity of contraband seized and release of the co-accused, 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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While so releasing, learned Court in seisin is called upon to verify as to whether the petitioner has any criminal antecedent other than the one noted herein above (T.R. No.80 of 2018). If it comes to fore that such submission is not correct, this order shall stand recalled.

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Additionally, it is directed that petitioner shall appear before the jurisdictional police station once every month on such

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Page 2 of 2

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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.

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Urgent certified copy of this order be granted as per rules.

(V. NARASINGH)

Judge

Santoshi

Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 24-Jun-2023 16:08:48

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Sarat Chandra Hantal v. State of Odisha

Case brief

What is this about?

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Sarat Chandra Hantal v. State of Odisha

Case brief

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