Allowed

Santosh Jal v. State of Odisha

Orissa HC2 Sept 2023BLAPL/6627/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail petition filed by an accused in a Narcotic Drugs and Psychotropic Substances case. The Court directed the petitioner's release on bail as the quantity involved was less than the commercial quantity, barring the automatic bar under Section 37 of the NDPS Act.

What did the court decide?

Petitioner released on bail on terms to be fixed by the Court in seisin.

Santosh Jal 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. 6627 of 2023

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Santosh Jal

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…. Petitioner

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Ms. A. Hota, 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

ORDER

02.09.2023

Order No.

05.

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.(Spl) NDPS Case No.14 of 2023, pending in the Court of learned Additional Special Judge, Talcher arising out of P.R. No.26 of 2023-24, for alleged commission of offences under Section 21(b) 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 Additional Special Judge, Talcher by order dated 07.06.2023 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 30.05.2023 on the accusation of possessing contraband to the tune of 25gms (Brown Sugar).

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It is stated on the basis of final P.R. dated 28.07.2023 which is taken on record that further continuance of the petitioner in custody is unwarranted.

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Page 1 of 2

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Referring to the order of rejection, learned counsel for the State opposes the prayer since the petitioner is involved in similar offence in Talcher P.S. Case No.415 of 2022.

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Affidavit has been filed by the petitioner in Court today which confirms the assertion of the learned counsel for the State.

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Learned counsel that the petitioner submits that the in the said case the petitioner has been released on bail.

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It is the further submission of the learned counsel for the petitioner that since the accusation in the case at hand as well as in the case cited as criminal antecedent, the quantity is less than commercial quantity, the bar under Section 37 of NDPS Act is not attracted.

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Learned counsel for the State opposes the pryaesr for bail and in terms of the stipulation under Section 37(1) of NDPS Act, this Court finds force in such submission.

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Taking into account the bleak chance of early trial, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin.

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Before releasing the petitioner, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any other criminal antecedent than the one as noted above, 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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Signature Not Verified Ayesha

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V. NARASINGH) Judge

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Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2023 11:42:25

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Santosh Jal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Jal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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