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IN THE HIGH COURT OF ORISSA AT CUTTACK
V. Narasingh, J.
Rabindra Swain & Anr. – Appellants
Versus
State of Odisha – Respondent
Bail Application No. 383 of 2023
Decided On : 25-01-2023
N.D.P.S Act - Bail Application - The court directed the release of the accused on bail considering their first-time offender status and substantial progress in the investigation, with a condition to verify their criminal antecedents.
Fact of the Case:
The Petitioners were accused in a case for the offence under Section 20(b)(ii)B of the N.D.P.S Act and had applied for bail, which was rejected by the Sessions Judge. The accused were in custody for allegedly possessing a quantity of ganja less than the commercial quantity.
Finding of the Court:
The court directed the release of the Petitioners on bail, taking into account the substantial progress of investigation and the fact that they were first-time offenders. The court also imposed a condition for verification of their criminal antecedents.
Issues: Rejection of bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the progress of investigation and the first-time offender status of the accused in granting bail, with a condition to verify their criminal antecedents.
Final Decision: The court directed the release of the Petitioners on bail, with a condition for verification of their criminal antecedents.
JUDGMENT
V. Narasingh, J. - Heard learned counsel for the Petitioners and learned counsel for the State.
2. The Petitioners accused in T.R. Case No.595 of 2022 pending on the file of learned District & Sessions Judge, Khurda, Bhubaneswar, arising out of Tamando P.S. Case No.310 of 2022 for commission of the offence under Section 20(b)(ii)B of the N.D.P.S Act.
3. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at Bhubaneswar by order dated 03.01.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioners are in custody since 27.12.2022 for allegedly possessing 2 Kg. 600 grams of ganja, which is admittedly less than the commercial quantity.
5. It is submitted by the learned counsel that since the Petitioners are the first offenders and investigation has progressed substantially, their further continuance in custody is not warranted.
6. Learned counsel for the State opposes the prayer.
7. Taking into account the substantial progress of investigation, as stated and as the Petitioners are the first offenders, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
8. While enlarging the Petitioners on bail, learned court below shall verify the assertion regarding their criminal proclivity of similar nature. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall stand recalled.
9. Accordingly, the BLAPL stands disposed of.
10. Urgent certified copy of this order be granted as per the rules.
The court may grant bail to accused persons based on the progress of investigation and their first-time offender status, with conditions to verify their criminal antecedents.
Prolonged incarceration affects the fundamental right to liberty, allowing bail to be granted despite statutory restrictions under the NDPS Act for first offenders.
The court held that while the NDPS Act imposes strict bail conditions, the accused's right to a speedy trial under Article 21 may supersede these restrictions, allowing for bail under certain circums....
Search and seizer of ganja - Grant of Bail - Nature and gravity of offence and further considering the quantity of ganja, which is more than a small quantity but less than commercial quantity.
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