Allowed

Sk. Jamir v. State of Odisha

Orissa HC15 Mar 2023BLAPL/970/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail petition filed by an accused charged under the NDPS Act. Noting the contraband quantity was below commercial level and the basis of accusation relied on a co-accused statement, the Court directed release on bail with conditions to verify criminal antecedents and appear weekly before the Investigating Officer.

What did the court decide?

Petitioner directed to be released on bail subject to conditions including verification of criminal antecedents and weekly appearance before the I.O.

Sk. Jamir Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 970 of 2023

¶3

SK. Jamir

¶4

…. Petitioner

¶5

Mr. S. Dwibedi, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

Opposite Party

¶9

Mr. P.K. Mohanty, ASC

¶10

CORAM: JUSTICE V. NARASINGH

ORDER 15.03.2023

Order No.

02.

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

¶15

The petitioner is an accused in connection with Special Case No.295 of 2022 pending in the file of learned Special Judge, Balasore arising out of Jaleswar P.S. Case No.420 of 2022 for commission of alleged offences under Sections 21(b)/29 of the NDPS Act.

¶16

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Balasore by order dated 17.01.2023 in the aforementioned case, the present BLAPL has been filed.

¶17

It is submitted by the learned counsel that the petitioner is in custody since 08.01.2023 on the accusation of possessing contraband to the tune of 30.05 grams of brown sugar.

¶18

Learned counsel for the State opposes the prayer for bail.

¶19

It is submitted by the learned counsel for the petitioner that

¶20

the basis of accusation is on account of co-accused statement.

¶21

Page 1 of 2

¶22

Considering the same and taking into account the quantity of contraband seized is less than commercial quantity, as stipulated, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

¶23

While releasing the petitioner on bail, learned Court below shall verify assertion regarding the criminal antecedent of similar nature. If it comes to fore that the petitioner has any such criminal antecedent, this order shall stand recalled.

¶24

Additionally, it is directed that petitioner shall appear before the I.O. once every week on such 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.

¶25

Accordingly, the BLAPL stands disposed of.

¶26

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

¶27

(V. NARASINGH) Judge

¶28

Santoshi

¶29

Page 2 of 2

Sk. Jamir v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Jamir v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chandulu @ Bishnu Kisan Vs State of Odisha

Jeetendra Rana @ Jitendra Rana @ Lakhi Rana Vs State of Odisha

Susil Mahanandia Vs State of Odisha

Aswini Mahato Vs State of Odisha

Sauna Murmu Vs State of Odisha

Sitaram Khilla Vs State of Odisha