Rintu @ Rajat Kumar Behera v. State of Odisha

Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 09.05.2023

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

The petitioner is an accused in connection with G.R.(Spl) Case No.10 of 2023, pending before the Court of the learned Session Judge-cum-Special Judge, Cuttack, arising out of Cuttack Sadar P.S. Case No.205 of 2023 for alleged commission of offences under Sections 21(b) of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Cuttack, by order dated 27.04.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 13.04.2023 on the accusation of possessing contraband (brown sugar) to the tune of 11.540 grams, which is less than commercial quantity.

Learned counsel for the State opposes the prayer for bail during the currency of investigation.

Taking into account the contraband (brown sugar) seized is less than commercial quantity and the period in custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that petitioner shall appear before the jurisdictional police station 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.

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

Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Soumya PRADEEP KUMAR SWAIN PRADEEP KUMAR SWAIN +05'30'