CHUMAN DIGAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petition under Sec. 439 of the Cr.P.C. has been filed by the petitioner who is in custody in 2(a) C.C.No.26 of 2024 pending in the court of learned court of the Special Judge-cum-Addl. District and Sessions Judge, Balliguda arising out of OIC of Excise, Raikia P.R. No. 17 of 2024-2025 for alleged offences U/s 20(b)(ii)(B) of the N.D.P.S. Act.

(2.) It is submitted by learned counsel for petitioner that the petitioner seeks indulgence of the Court for grant of bail as the quantity of contraband alleged to have been seized from the petitioner is 8 Kg which is below the commercial quantity. Petitioner being aged about 31 years should be given a chance to come back to the society to lead a normal life that would help him in rebuilding his life. It is submitted that the petitioner is a local person having roots in the society shall subject himself to the jurisdiction of the learned court in seisin of the matter and shall abide by such terms and conditions that would be imposed if the Court is inclined to grant bail to the petitioner.

(3.) Learned ASC for the State referring to the provisions contained in Sec. 37 of the N.D.P.S. Act and the allegations, opposes the prayer for bail.