Judhistir Saraf vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Khaparakhol P.S. Case No.149 of 2023 corresponding to G.R. Case No.775 of 2023, pending in the Court of the learned S.D.J.M., Patnagarh under Sections 272, 273, 120-B IPC.

The prosecution allegation against the petitioner is that on 27.08.2023 at about 6.30 p.m., while the ASI of Khaprakhol P.S. alongwith his staff were performing patrolling duty near the Khaprakhol P.S., he received reliable information about distribution of country liquor by mixing Narcotic tablets by the petitioner. On reaching the spot after arranging two local witnesses, they found a large group of persons gathered at the spot, who fled away on seeing the police. They caught the petitioner who was trying to escape from the spot. On search they found 12 nos. of polythene packets each containing country (ID) liquor of about one litre tied with thread, two nos. of plastic water bottle of one litre capacity containing white color liquid substance and one bottle containing one litre of liquid substance and another bottle containing about 400 ml of liquid, one strip of pyeevon Spas Plus tablets each containing three tablets and five tablets are used from it. As the petitioner could not produce any authority in possession of the country made liquor and tablets, he was arrested and contraband articles were seized.

Mr.P.K.Rath, learned counsel for the petitioner submits that the petitioner is in custody since 28.08.2023 and he does not have any criminal antecedent/s of similar nature. As major part of the investigation is over, he may be released on bail.

Considering the nature of allegations against the petitioner and the fact that investigation is in progress, I do not consider this to be a fit case to allow the prayer for bail at this stage.

The BLAPL is accordingly disposed of granting liberty to the petitioner to move the learned trial Court for bail afresh after completion of investigation.

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