Allowed

Bajrang Bishnoi @ Bisoi v. State of Odisha

Orissa HC2 Apr 2024CRLREV/33/2024

Case brief

AI extract

What is this about?

The High Court released a juvenile petitioner on bail in a Narcotic Drugs and Psychotropic Substances Act case. The court held that Section 37 did not apply to the seized quantity and noted the previous release of a co-accused and the juvenile's age as key factors.

What did the court decide?

The petitioner is released on bail in case No.438 of 2023/Bharatpur P.S. on terms of a family surety and supervision by the District Probation Officer.

Bajrang Bishnoi @ Bisoi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLREV No.33 of 2024

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Bajrang Bishnoi @ Bisoi

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Petitioner

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Mr. S.K. Lenka, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. Priyabrata Tripathy Addl. Standing Counsel

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CORAM:

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Order No.

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JUSTICE S.K. SAHOO ORDER 02.04.2024

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and

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learned counsel for the State.

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This is an application under section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 in connection with Bharatpur P.S. Case No.438 of 2023 corresponding to J.G.R. Case No.99 of 2023 pending in the Court of learned P.M.A., J.J.B., Bhubaneswar for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned 4^th Addl. Sessions Judge, Bhubaneswar, which was rejected on 20.12.2023.

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Learned counsel for the petitioner submitted that the petitioner is a juvenile, aged about sixteen years and he is detained in observation home since 05.12.2023 and he has been charge sheeted for the offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act. Learned counsel further submitted that the quantity of ganja seized from the individual possession of the petitioner is 10 kg 800 grams and from the possession of the co-accused Meghanaj Lava is 11 kg 600 grams of ganja and even though two separate seizure lists were prepared but the I.O. adding the quantity of ganja seized from the possession of the petitioner so also from the possession of the co-accused has made it commercial quantity just to create a bar under section 37 of the N.D.P.S. Act, which is illegal and not justified. Learned counsel further submitted that the co-accused Meghanaj Lava has been directed to be released on bail by this Court in BLAPL No.12890 of 2023 as per order dated 15.11.2023 and therefore, the bail application may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the social investigation report of the petitioner, which is taken on record.

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Considering the submissions made by the learned counsel for the respective parties, the nature

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of accusation against the petitioner, the quantity of ganja seized from the individual possession of the petitioner, non-applicability of the provision under section 37 of the N.D.P.S. Act for such quantity, the age of the petitioner, the period of detention of the petitioner in observation home and release of the coaccused on bail, I am inclined to release the petitioner on bail.

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Since the petitioner is a boy from the district of Bikaneer in the State of Rajasthan, the learned Court below before accepting the bail bond shall verify through the Superintendent of Police, Khordha as to whether the address furnished by the petitioner in cause title of the criminal revision is correct or not.

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Let the petitioner be released on bail in the aforesaid case on such terms and conditions as the learned Court in seisin over the matter may deem just and proper with further conditions that:-

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(i) one surety should be the family member of each of the petitioner, who shall furnish an undertaking that the petitioner shall not be allowed to come in contact with any unsocial and criminal association and shall not be exposed to any moral, physical or psychological danger and further he shall ensure that the petitioner is not indulged in any criminal activities and he shall further ensure the presence of the petitioner during trial before the Court

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Page 3 of 4

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as and when required;

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(ii) the District Probation Officer shall keep a close vigilance on the activities of the petitioner while on bail and regularly draw his social investigation report which shall be submitted to the Court on periodical basis as the Court chooses.

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The CRLREV is accordingly disposed of.

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Issue urgent certified copy of this order on proper application.

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A copy of the order be communicated to the

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learned trial Court forthwith.

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sipun

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( S.K. Sahoo)
Judge

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Signature Not Verified

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Page 4 of 4

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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 03-Apr-2024 17:28:17

Bajrang Bishnoi @ Bisoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bajrang Bishnoi @ Bisoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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