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Judgment
11 paragraphs · 401 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Central Government counsel.
The petitioner is in custody since 22.12.2022 in connection with N.C.B., Bhubaneswar Crime No. 2 of 2021 corresponding to Special G.R. Case No. 12 of 2021 pending in the court of the learned Special Judge, Deogarh for the alleged commission of offence under Sections 20(b)(ii)(C)/25/29 of the NDPS Act.
The prosecution case is that a Team of NCB apprehended a truck near Thianal Bus stand of Mumbai-Kolkata highway in Angul district. 280 kgs of contraband Ganja was found in the truck. The driver fled away but the khalasi was apprehended. On interrogation, he stated that the petitioner is the owner of the Ganja. The co-accused Buta Singh was also implicated on the statement of the Khalasi. The Khalasi named Karnail Singh has been granted bail by the Supreme Court in Criminal Appeal No 2027 of 2022. The co-accused Buta Singh has also been granted bail by this Court as per order passed in BLAPL No. 2221 of 2022. Mrs. Babita Sahu, learned CGC submits that the petitioner being an outsider may not attend the trial, if released on bail. In response learned counsel for the petitioner produces certified copy of the order sheet of the Court below which shows that the co-accused, who also belong to State of the Rajasthan has been appearing more or less regularly before the trial Court. There is no reason why the petitioner shall not appear. That apart, the petitioner’s implication is on the statement of the co-accused and there is no evidence of either his presence at the spot or of possession of contraband ganja.
In such view of the matter, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the following conditions:-
(i) He shall furnish cash security of Rs. 50,000/- (Rupees Fifty Thousand only) and
(ii) He shall appear before the Superintendent of NCB, Sub-Zone Office, Bhubaneswar once every month till commencement of the trial and thereafter he shall appear before the trial Court on each date of posting of the case.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
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