Nila Majhi v. Mr. P.K. Maharaj, ASC

Mr. S. Dash, Advocate -versus- …. Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH ORDER 20.07.2023 Order No.

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

The Petitioner is an accused in T.R. Case No.41 of 2023 pending on the file of learned Special Judge, Koraput-Jeypore, arising out of P.R. No.36 of 2023-24 for commission of the offence under Section 20(b)(ii)(B)/8 of the NDPS Act.

Being aggrieved by the rejection of her application for bail U/s. 439 Cr.P.C by the learned Special Judge, Koraput-Jeypore, by order dated 12.06.2023 in the aforementioned case, the present BLAPL has been filed.

Learned counsel for the Petitioner submits that the Petitioner is in custody since 8.5.2023 on the accusation of possessing contraband (ganja) to the tune of 16 Kg. 300 grams.

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

Considering that the contraband seized in the case at hand is less than the commercial quantity and the period of custody, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent of similar nature.

If it comes to fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

Additionally, it is directed that the 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 P.R. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) PKS Judge Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court Date: 21-Jul-2023 17:46:55