High CourtsSingle Bench(2023) 05 OHC CK 0293

Dhiren Nayak vs State Of Odisha

Orissa High Court · Decided on 25 May 2023

HON’BLE JUDGES
Chittaranjan Dash, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5575 Of 2023

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Judgment

8 paragraphs · 288 words

Chittaranjan Dash, J

1.

Heard learned counsel for the Petitioner and the State.

2.

This is an application for bail U/s.439 Cr.P.C. filed by the Petitioner for his alleged involvement in the offences U/s. 20(b) (ii) (B) of NDPS Act in connection with T.R Case No. 234 of 2023 arising out of P.R Case No. 08 of 2023-24 pending in the court of learned District & Sessions Judge, Khurda, At-Bhubaneswar.

3.

Perusal of the FIR reveals that while the Informant and his team were performing patrolling duty at CRP Square on 27.04.2023 under the supervision of the Higher Authority, one person was standing near the Fire Station Chowk and was embarrassed by the presence of the Excise team which created suspicion. The team obstructed the said person. When the team interrogated the man about the contents of the jari Bag, he immediately replied the same to be ganja. The statutory compliance was made. After observing all formalities, the Excise Officer seized 10 Kg 100 Grams of Ganja including the Jari Bags from his conscious possession as the Petitioner failed to produce any license or authority for possessing the same.

4.

It is submitted by the learned counsel for the Petitioner the quantum of contraband article is less than the commercial quantity. The Petitioner is a local resident and of tender age and already detained in custody.

5.

Considering the aforesaid aspects and the period of detention the Petitioner be released on bail on such terms and conditions as would deem just and proper by the court concerned but subject to deposit of Rs. 10,000/-(Rupees Ten Thousand) only in the manner to be directed by the court to its satisfaction .

6.

The BLAPL is disposed of accordingly.

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