Orissa High Court: In an application filed under Section 439 of the Code of Criminal Procedure, 1973 (“CrPC”) seeking bail in a case registered for offences punishable under Sections 20(b)(ii)(C) read with Section 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), V. Narasingh, J. released the accused on bail under specific conditions and terms fixed by the Court in seisin.
Background
The Petitioner is accused of offences under Sections 20(b)(ii)(C) read with Sections 25 and 29 of the NDPS Act. The specific accusation was that the accused was in possession of contraband to the tune of 22 Kgs of ganja. He was in custody since 01-05-2024. The accused contends possible weighment errors and argues the weight was shown as over 20 kg to invoke stricter bail conditions under Section 37(1)(b)(ii) of the NDPS Act.
This Bail Application has been filed in response to the rejection of his previous bail application by the Additional Sessions Judge-cum-Special Judge, Gunupur under Section 439 CrPC on 15-05-2024.
Order
The Court, noting the progress in the investigation and that the accused is a first-time offender, directed the accused to be released on bail under terms to be fixed by the Court in seisin.
The Court directed that to address the Public Prosecutor’s concern about the accused’s presence during the investigation, particularly because the accused does not usually reside in Odisha, one of the accused’s family members shall also execute a P.R. bond along with the sureties, as per the Court’s order in seisin.
The Court clarified that this order shall not be implemented if it is discovered that the accused has any criminal antecedents.
The Court further directed the accused to appear before the jurisdictional police station once every month on a date and time determined by the Court in seisin, until the submission of the final form and the certification of such appearances must be submitted to the Court in seisin.
[Samiullah Khan v. State of Odisha, 2024 SCC OnLine Ori 1482, Order dated: 28-05-2024]
Advocates who appeared in this case :
Counsel for the petitioner: Advocate, S.S. Ray
Counsel for the opposite party: Addl. Standing Counsel, P.K. Maharaj
Buy Code of Criminal Procedure, 1973 HERE
