Allowed

Shaik Abdulla v. State of Odisha

Orissa HC20 Jul 2023CMPMC/3713/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, an accused in a narcotics case, after being aggrieved by rejection. Directions were issued for verification of criminal antecedents similar to the current charge; bail stands recalled if such antecedents are found.

What did the court decide?

Release of the petitioner on bail on terms to be fixed by the lower court, subject to verification of criminal antecedents.

Shaik Abdulla 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. 3713 of 2023

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Shaik Abdulla

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…. Petitioner

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Mr. M.K. Satapathy, Advocate

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-versus-

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Union of India

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

04.

20.07.2023

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

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The petitioner is an accused in G.R. No.64 of 2022(N), pending on the file of the learned Additional Sessions Judge-cumOPID (Designated) Berhampur, Ganjam arising out of G.R.P.S. Case No.58 of 2022, for commission of alleged offences under Sections 20(b)(ii)(C) of the 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 Presiding Officer, Designated Court under OPID-ADJ (Spl), Berhampur, by order dated 27.03.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted that the petitioner is in custody since 09.08.2022 for allegedly possessing contraband (ganja) to the tune of 20.5kgs and charge sheet has been filed in the meanwhile, further continuance of the petitioner in custody is not warranted.

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It is further submitted by the learned counsel for the petitioner that only to attract the rigors of Section 37of the NDPS

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Page 1 of 2

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Act independent seizures of less than commercial quantity has been clubbed together.

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Learned counsel for the petitioner relies on the order dated 06.02.2023 relating to the co-accused passed by this Court in BLAPL No.12966 of 2022 and seeks release inter alia on the ground of parity.

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Learned counsel for the State refutes such submissions and states that in view of the bar contained in Section 37 of the NDPS Act, the petitioner ought not to be released on bail.

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On instruction, it is stated by the learned counsel for the petitioner that the petitioner is the first offender. 9. Considering the filing of charge sheet and quantity of contraband and nature of seizure, 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 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.

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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.

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(V. NARASINGH) Judge

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Ayesha Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 22-Jul-2023 13:20:42

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Shaik Abdulla v. State of Odisha

Case brief

What is this about?

What did the court decide?

Shaik Abdulla v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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