SUNNY KUMAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

(2.) This is a successive bail application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with S.T.F. P.S. Case No. 09 dtd. 13/4/2022 corresponding to T.R. Case No. 138 of 2022 pending in the file of learned 5th Additional District and Sessions Judge (K), Bhubaneswar for commission of offence punishable for commission of offence punishable U/Ss. 21(c) and 29 of the NDPS Act, on the allegation of possessing 202 Grams of Cocaine along with co-accused persons. The Petitioner renews his prayer for bail purportedly under the changed circumstance of submission of Chemical Examination Report.

(3.) In the course of hearing of the bail application, Mr. A.S. Paul, learned counsel for the Petitioner submits that although the Petitioner was alleged to have possessed Cocaine, but the Chemical Examination Report confirms it to be Brown Sugar and thereby, the quantity of Contraband article, which was found to be Brown Sugar in the aforesaid circumstance, seized in this case was less than the commercial quantity of Brown Sugar and the Petitioner having detained in custody for more than one year and three months, particularly when he was found to be not in conscious possession of any Contraband article may kindly be granted bail.