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Judgment
16 paragraphs · 409 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with Special Case No.13 of 2011, pending in the Court of the learned Special Judge, Angul, arising out of P.R. No.26/11-12 Sadar Excise Range, for alleged commission of offences under Section 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 Special Judge, Angul, by order dated 07.08.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 07.08.2023.
It is stated by the learned counsel that the occurrence relates to the year 2011 where the contraband to the tune of 66Kgs was seized from a Tata Indica vehicle, which admittedly stands in the name of the Petitioner.
Learned counsel for the Petitioner on instruction submits that the basis of accusation is on account of co-accused statement and he places reliance on the order of the co-accused passed by this Court dated 11.04.2019 in BLAPL No.1021 of 2019 who has greater complicity and since been released on bail.
It is stated by the learned counsel that the co-accused Paramananda Sahu from whose possession the contraband was seized was released on bail on 27.03.2012.
An affidavit has been filed indicating that the present Petitioner has no criminal antecedent.
Learned counsel for the State opposes the prayer for bail referring to the order of rejection.
Taking note of the manner of accusation being prima facie on account of co-accused statement and release of the co-accused as noted, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Before releasing the Petitioner on bail, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. 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 month 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 learned Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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