SUDAM KARAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State. The petitioner being in custody in G.R. Case No. 847 of 2012, arising out of Baranga P.S. Case No. 59 of 2012, pending in the court of the learned Special Judge -cum -Sessions Judge, Cuttack, has filed this petition for his release on bail. The offence alleged against the petitioner is punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act").

(2.) IT appears that the learned Special Judge while rejecting the prayer for bail of the petitioner, has held that Section 37 of the N.D.P.S. Act prohibits to grant bail to the petitioner.

(3.) LEARNED counsel appearing for the petitioner submits that since the petitioner is an old man of aged about 60 years and there is no credible material against him showing his involvement in the offence alleged, he deserves to be released on bail, more so when there is nothing on record to suggest that he is likely to abscond or tamper with the prosecution evidence if allowed to go on bail and the co -accused persons similarly situated have been released on bail by this Court vide order dated 23.11.2012 in BLAPL No. 26414 of 2012.