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Judgment
14 paragraphs · 392 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with 2(a)CC Case No.03 of 2023(N), pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Aska, Ganjam, arising out of P.R. No.944 of 2022-23 of EI & EB Unit-II (SD), Berhampur, for alleged commission of offences under Sections 20(b)(ii)(C) of NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Judge, Aska, by order dated 01.03.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 25.01.2023 on the accusation of possessing contraband to the tune of 50 Kgs (Ganja).
It is further submitted that the co-accused has been released on bail by order dated 2.8.2023 in BLAPL No.4907 of 2023. Hence, inter alia, on the ground of parity, the Petitioner seeks release.
It is stated on instruction that the Petitioner is the first offender.
Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act.
Taking into account the nature of allegation and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.
To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since he does not belong to the State of Odisha, additionally it is directed that he shall appear before the jurisdictional police station once every fifteen days till conclusion of trial on such date and time specified by the learned Court in seisin. Certification of such appearance shall be submitted to the said Court. Violation of any of the conditions shall entail cancellation of bail, without reference to this Court.
Before releasing, learned Court in seisin is called upon to obtain instruction regarding criminal antecedent of the Petitioner from his parent Police Stations. If it comes to fore that the Petitioner has criminal antecedent of any nature, this order shall stand recalled.
The BLAPL stands disposed of.
Urgent certified copy of this order be granted as per the
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