Orissa High Court
Jatia @ Jatadhari Nayak vs State Of Odisha on 24 March, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 9116 of 2020
Jatia @ Jatadhari Nayak ....... Petitioner
-Vrs.-
State of Odisha ....... Opp. Party
03. 24.03.2021 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 under section 439 of
Cr.P.C. in connection with G.R. Special Case No.31 of
2020 arising out of Jagatpur P.S. Case No.394 of 2020
pending in the Court of learned Sessions Judge, Cuttack
for offence punishable under section 21(b) of the
N.D.P.S. Act.
The petitioner moved an application for bail
before the Court of learned Sessions Judge -cum- Special
Judge, Cuttack which was rejected on 09.12.2020.
Considering the submission made by the learned
counsel for the petitioner that the petitioner is in judicial
custody since 01.10.2020 and the quantity of brown
sugar seized from the possession of the petitioner is 6
grams and 400 miligrams which is lesser than
commercial quantity and therefore, bar under section 37
of the N.D.P.S. Act is not applicable and after 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 bail bond of Rs.50,000.00
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the Court
in seisin over the matter with further terms and
conditions as the learned Court may deem just and
proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
sisir .............................
S.K. Sahoo, J.