IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5442 of 2024
.....
Premraj Seth Petitioner
Represented By Adv. -
Suryakanta Dwibedi
-versus-
.....
State Of Odisha Opposite Party
Represented By Adv.
–
J.P.Das, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 30.05.2024
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and
learned Additional Standing Counsel appearing for the State-
Opposite Party. Perused the materials placed before this Court.
3. The present bail application under Section 439 of Cr.P.C.
has been filed by the Petitioner for regular bail in connection
with 2(a)CC Case No.2 of 2024 corresponding to P.R
No.11/2024-25, pending in the Court of learned Additional
Sessions Judge-cum-Special Judge, Patnagarh for alleged
commission of offence punishable under Sections 20(b)(ii)(B)
of the N.D.P.S. Act.
4. Learned counsel for the Petitioner submits that earlier this
matter was not before any of the bench of this Court. It is
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submitted by the learned counsel for the Petitioner that the
Petitioner is in custody since 20.04.2024. He further contended
that the investigation has progressed substantially. It is also
contended by the learned counsel for the Petitioner that keeping
in view the quantity of ganja seized, i.e., 17 Kg 700 gram, which
is less than the commercial quantity, a bar under Section 37 of
the N.D.P.S. Act is not attracted. He further submitted that the
Petitioner does not have any similar criminal antecedent. He
further contended that the petitioner belongs to the locality,
therefore there is no chance of absconding. In such view of the
matter, learned counsel for the Petitioner submitted that the
Petitioner be released on bail on any terms and condition which
the Petitioner undertakes to abide by while on bail.
5. Learned Additional Standing Counsel appearing for the
State-Opposite Party, on the other hand contended that the
investigation is still on. He opposed the release of the Petitioner
on bail on the ground that in the event the Petitioner is released
on bail, there is a possibility that he might be involved in similar
criminal offences. Learned Additional Standing Counsel
submitted that considering the nature of allegation and the
contraband used in the present case, the release of the petitioner
would be a threat to the society. Therefore, he submitted that the
prayer for bail of the Petitioner be rejected at this juncture.
6. Having heard the learned counsels appearing for the
respective parties and on a careful examination of the
surrounding facts and circumstances of the present case and
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further keeping the view the period of detention of the Petitioner
in jail custody and the fact that the Petitioner does not have any
similar criminal antecedent, this Court is inclined to release the
Petitioner on bail subject to imposition of stringent conditions.
7. Hence, it is directed that the Petitioner be released on bail
in the aforesaid case on furnishing bail bond of Rs.25,000/-
(Rupees Twenty Five thousand) with two local solvent sureties
for the like amount to the satisfaction of the Court in seisin over
the matter.
8. It is open for the Court in seisin over the matter to impose
any other conditions as may be deemed just and proper.
9. It is further directed that the bail granted to the Petitioner
is subject to the condition that the court below shall verify
whether the Petitioner is having any criminal antecedent of
similar nature. In the event it is found that the Petitioner is
having any similar criminal antecedent, this bail order shall
automatically stand revoked.
10. The BLAPL is, accordingly, disposed of.
( A.K. Mohapatra)
Vacation Judge
Rubi
Signature Not Verified
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Digitally Signed
Signed by: RUBI BEHERA
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 30-May-2024 19:57:54