Allowed

Mujassim v. State of Odisha

Orissa HC23 Nov 2023BLAPL/9976/2023

Case brief

AI extract

What is this about?

In this bail application filed under Section 439 Cr.P.C., the High Court of Orissa allowed the petitioner, an accused under the NDPS Act, to be released on bail pending trial. The Court directed the trial court to conclude proceedings by April 2024, granting a further prayer period if not done.

What did the court decide?

Petitioner granted bail; trial to conclude by April 2024; leave to renew bail if not disposed.

Mujassim Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9976 of 2023

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Mujassim

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Petitioner

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Mr. Sk. Zafarulla, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. A. Pradhan, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

23.11.2023

Order No.

03.

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

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The Petitioner is an accused in T.R. Case No.60 of 2020 pending in the Court of learned Additional Sessions Judge-cumSpecial Judge, Koraput, arising out of Damanjodi P.S. Case No.89 of 2020 for commission of the alleged offence under Sections 20(b)(ii)(C)/29 of NDPS 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 Sessions Judge-cumSpecial Judge, Koraput by order dated 22.08.2023 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 28.09.2020 and as trial is lingering, he may be released on bail.

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Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act.

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The accusation against the Petitioner is that contraband to the tune of 1354Kgs 190gms (Ganja) was seized from his conscious and

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exclusive possession from the container which was being driven by him.

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Taking into account the submission that the trial is lingering, a report was called for from the learned Court in seisin and in the report dated 21.11.2023, learned Court in seisin has indicated that the case is likely to be disposed of in six months.

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Considering the same, learned Court in seisin is called to upon to conclude the trial by end of April, 2024, failing which leave is granted to the Petitioner to renew his prayer before the learned Court in seisin afresh.

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Copy of this order be made over to the learned counsel for the State to ensure that the official witnesses are produced on the date fixed without any default, keeping in view the period of custody.

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10. Accordingly, the BLAPL stands disposed of.

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(V. NARASINGH)
Ayesha Judge

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 24-Nov-2023 18:16:53

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Mujassim v. State of Odisha

Case brief

What is this about?

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Mujassim v. State of Odisha

Case brief

What is this about?

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