Orissa High Court
Dillip Deep & Another vs State Of Odisha .... Opposite Party on 26 October, 2022
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9728 of 2022
Dillip Deep & Another .... Petitioners
Mr. B. Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
26.10.2022 Order No.
01. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioners and learned counsel for the State.
3. The petitioners are accused in connection with C.T(Special) Case No.66 of 2022, pending in the file of learned Sessions Judge-cum-Special Court, Bargarh, arising out of Bargarh Town P.S. Case No.549 of 2022, for alleged commission of offences under Section 21(b) of the N.D.P.S. Act.
5. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Bargarh , by order dated 22.09.2022 in the aforementioned case, the present BLAPL has been filed.
6. Perused the order of rejection.
7. Admittedly since the quantity of the codeine phosphate is to the tune of 160gms is less than the commercial quantity as Page 1 of 2 prescribed, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter.
8. While releasing the petitioners on bail, the learned court in seisin over the matter shall verify criminal antecedent of the petitioners. If it comes to the fore that the petitioners have any criminal antecedent of similar nature, this order shall stand recalled.
9. Accordingly, the BLAPL stands disposed of.
10. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Ayesha Page 2 of 2