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2025 DAILYLAW 13643 (ORI)

BABU KHAN v. STATE OF ODISHA

BLAPL/1151/2025 · 2025-02-14

S K Sahoo

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1151 of 2025 Babu Khan …. Petitioner Mr. A.S. Paul, Advocate -versus- State of Odisha …. Opp. Party Miss Subhalaxmi Devi, Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO Order No. ORDER 14.02.2025 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 under section 483 of B.N.S.S. in connection with Balianta Excise Station P.R. Case No.111 of 2024-25 corresponding to T.R. Case No.679 of 2024 pending in the Court of learned Sessions Judge, Khurda at Bhubaneswar for alleged commission of offence 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, Khurda at Bhubaneswar, which was rejected on 07.01.2025. Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 30.12.2024 and the quantity of brown sugar p. 2 stated to have been seized from the individual possession of the petitioner is 32 grams, which would be evident from the seizure list, which is lesser than the 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 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 may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial, shall not indulge in any criminal activities in any manner and shall not try to tamper with the prosecution evidence. Violation of any of the conditions shall entail cancellation of bail. Accordingly, the BLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( S.K. Sahoo) Judge RKM