Ranjan Kumar Sahoo vs State Of Odisha
2023 Latest Caselaw 4081 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           BLAPL No.3336 of 2023

              Ranjan Kumar Sahoo                 ....          Petitioner

                                  Mr.B.R. Mohanty, Advocate

                                     -versus-

              State of Odisha                    ....         Opp. Party

                                  Mrs. Susamarani Sahoo
                                  Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                   ORDER

Order No. 21.04.2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. in connection with Jajpur Excise Station P.R. No. 156 of 2022-23 corresponding to C.T. (NDPS) Case No. 07 of 2023 pending in the file of learned Sessions Judge - cum- Special Judge, Jajpur for alleged commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act.

The prayer for bail of the petitioner was rejected by the learned Special Judge, Jajpur vide order dated 22.03.2023.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 09.03.2023 and the quantity of ganja stated // 2 //

to have been seized from the possession of the petitioner is 20 kgs and in view of the ratio of the judgment passed by this Court in the case of Anil Kumar Dash -Vrs.- State of Odisha reported in 2015 (Supp.-II) Orissa Law Review 73 and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall not indulged in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules

( S.K. Sahoo) Judge

PKSahoo