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2017 DIGILAW 576 (ORI)

BHASKAR SAHOO v. STATE OF ODISHA

2017-05-12

S.K.SAHOO

body2017
JUDGMENT : S.K. Sahoo, J. - Heard Mr. Siva Sankar Chaini, learned counsel for the petitioner and the learned counsel for the State. 2. This is an application under Section 439, Cr.P.C. in connection with Banogochha P.S. Case No. 09 of 2017 corresponding to G.R. Case No. 15 of 2017 pending in the Court of learned Special Judge, Nayagarh for offence punishable under Sections 20(b)(ii)(B) of the N.D.P.S. Act. 3. The petitioner moved an application for bail before the Court of learned Special Judge, Nayagarh which was rejected on 15.03.2017. 4. Learned counsel for the petitioner submits that the petitioner is in custody since 07.02.2017 and it is the prosecution case that 9 Kgs. 150 gms. of Ganja was seized from the possession of the petitioner which is lesser than commercial quantity and therefore, the bar under Section 37 of the N.D.P.S. Act is not applicable. He further submits that the meantime, the investigation has made substantial progress and there is no chance of his absconding or tampering with the evidence and therefore, taking into account the period of detention of the petitioner in judicial custody, the bail application of the petitioner may be favourably considered. 5. Learned counsel for the State does not dispute about the quantity of Ganja seized from the possession of the petitioner. 6. Considering the submissions of learned counsels for the respective parties, the nature of accusation against the petitioner, progress of investigation, the quantity of Ganja seized from the possession of the petitioner and taking into account his period of detention, I am inclined to release the petitioner on bail. 7. Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs. 20,000.00 (Rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and property. 8. Accordingly, the BLAPL is disposed of. 9. Urgent certified copy of this order be granted on proper application. Final Result : Disposed Of