Orissa High Court
Md. Pyare vs State Of Odisha .... Opposite Party on 11 October, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10876 of 2023
Md. Pyare .... Petitioner
Mr. P.K. Nayak, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
11.10.2023 Order No.
01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in connection with Special G.R. Case No.04 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Rourkela, arising out of Plantsite P.S. No.100 of 2023 for commission of the alleged offence under Sections 21(c)/25/29 of the N.D.P.S. Act.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge, Rourkela by order dated 13.09.2023 in the aforementioned case, the present bail application has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody since 14.03.2023 on the accusation of allegedly possessing contraband to the tune of 258 grams and 030 milligrams (heroin), which is more than the commercial quantity along with co- accused.
Page 1 of 25. It is further submitted that since charge sheet has been filed on 8.9.2023, further continuance of the Petitioner is not warranted.
6. Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37 (1) of the N.D.P.S Act.
7. This Court perused the property memo, which is on record, indicating that the contraband has been seized from the present Petitioner along with other co-accused.
8. Taking note of the same and in view of the bar contained in Section 37 of the N.D.P.S and there being no mitigating circumstances, this Court is not inclined to entertain the bail application.
9. Accordingly, the BLAPL stands rejected.
(V. NARASINGH) Judge PKS Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: A.R.-cum-Sr. Secy.
Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Oct-2023 18:53:59 Page 2 of 2