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Judgment
12 paragraphs · 299 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.100 of 2023, pending before the Court of the learned Hon’ble Sessions Judge, Cuttack, arising out of EI & EB Unit 1 PR Case No.144 of 2023, for commission of the alleged offence under Section 21(b) NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Cuttack by order dated 10.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 09.06.2023 on the accusation of possessing the contraband (brown sugar) to the tune of 187 grams., which is admittedly less than the commercial quantity and as final P.R. has already been filed on 24.07.2023, further continuance of the Petitioner in custody is not warranted.
Learned counsel for the State opposes the prayer for bail.
Taking into account the filing of the final P.R., this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of any nature.
If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per the rules.
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