AI Structured Summary
Not yet generated for this judgment
Judgment
V. Narasingh, J
Since both the matters arise out of Baranga P.S. Case No.229 of 2023, they are heard together and disposed of by this common order on the consent of the parties.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are accused in connection with G.R.(Spl) Case No.18 of 2023, pending in the Court of learned District and Sessions Judge, Cuttack arising out of Baranga P.S. Case No.229 of 2023, for commission of alleged offences under Section 21(b) of NDPS Act for possessing 7 grams of brown sugar.
Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Cuttack by order dated 17.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioners are in custody since 22.06.2023 on the accusation of possessing the contraband (brown sugar) to the tune of 7 grams., which is admittedly less than the commercial quantity and as charge sheet has already been filed on 19.08.2023, they may be released on bail.
It is further submitted by the learned counsel for the Petitioner in BLAPL No.8749 of 2023(Sonu @ Manuli Behera) is the first offender.
It is submitted by the learned counsel for the Petitioner in BLAPL No.8632 of 2023(Tapu @ Tapas Kar) has filed an affidavit indicating that he has one criminal antecedent in 2(a)CC Case No.75 of 2022.
Learned counsel for the State opposes the prayer for bail that Petitioner in BLAPL No. 8632 of 2023(Tapu @ Tapas Kar) has one criminal antecedent.
Considering that the contraband seized is less than the commercial quantity, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin subject to verification of criminal antecedent.
Before releasing, learned Court in seisin shall verify as to whether the Petitioner in BLAPL No.8632 of 2023(Tapu @ Tapas Kar) has more than one criminal antecedent. If it comes to fore that the Petitioner in BLAPL No.8632 of 2023(Tapu @ Tapas Kar) has more than one criminal antecedent, this order shall stand recalled.
Additionally, it is directed that the petitioner in BLAPL No.8749 of 2023(Sonu @ Manuli Behera) 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 conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule..
………………………………