Partly allowed

Sanjeet Kumar Singh v. State of Odisha

Orissa HC18 Apr 2023BLAPL/492/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding alleged possession of contraband ganja under the NDPS Act, the High Court of Orissa rejected the regular bail prayer due to commercial quantity but granted interim bail for six months citing prosecutorial delay.

What did the court decide?

Interim bail granted for a period of six months subject to furnishing two sureties and strict conditions, with regular bail rejected on merits.

Sanjeet Kumar Singh 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.492 of 2023

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Sanjeet Kumar Singh

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…. Petitioner

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Mr. Ananta Narayan Pattnayak, Advocate

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-versus-

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…. State of Odisha Opposite Party Mr. K.K. Das, Additional Standing Counsel

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CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

18.4.2023

Order No.

The matter is taken up through hybrid mode.

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Perused the report of learned Additional Sessions Judge-cumSpecial Judge, Koraput dated 29^th March, 2023. It is stated therein that the trial could not be commenced for want of submission of chemical examination report from the prosecution.

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Heard Mr. A.N. Pattnayak, learned counsel for the Petitioner and Mr. K.K. Das, learned Additional Standing Counsel.

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This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Sanjeet Kumar Singh in connection with Jeypore / Koraput P.S. Case No.09 of 2021 corresponding to T.R. Case No.76 of 2021 pending in the court of learned Additional Sessions Judgecum-Special Judge, Koraput for alleged commission of offence under Section 20(b)(ii)(c) of N.D.P.S. Act for alleged possession of contraband ganja weighing about 23 kg. 100 grams.

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It is submitted on behalf of the Petitioner that he is inside custody since 18^th September, 2021.

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Page 1 of 2

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Upon hearing Mr. Das, learned Additional Standing Counsel and keeping in view the total quantity of contraband ganja which attracts commercial quantity and the embargo contained under Section 37(1)(b) of NDPS Act, I am not inclined to release the Petitioner on bail. Accordingly, his prayer for bail is rejected.

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However, keeping in view the detention period of the Petitioner inside custody and the laches on the part of prosecution in submission of the chemical examination report which resulted delayed commencement of trial, it is directed to release the Petitioner on interim bail for a period of six months from the date of his release on such terms and conditions as may be deemed just and proper by the learned court in seisin over the matter including the conditions that the Petitioner shall furnish two sureties (with proper identity proof) out of whom one shall be his relative and that, the Petitioner shall not be involved in any other offence while on bail.

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It is made clear that the Petitioner shall surrender himself on or before 13^th October, 2023, failing which learned court below shall take all appropriate steps including issuance of NBW of Arrest to apprehend the Petitioner.

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The prosecution is directed to take expeditious steps for submission of chemical examination report and the learned trial court is also directed to take sincere steps for early commencement of trial.

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The BLAPL is accordingly disposed of.

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An urgent certified copy of this order be issued as per rules.

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( B.P. Routray)

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Judge

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M.K.Panda

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Page 2 of 2

Sanjeet Kumar Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sanjeet Kumar Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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