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Judgment
12 paragraphs · 397 wordsS.S. Mishra, J
The petitioner is an accused in connection with Chandaka P.S. Case No.342 of 2023 corresponding to T.R. Case No.551 of 2023 for the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act pending in the Court of learned Sessions Judge –cum- Special Judge, Khurda.
The allegation as per the F.I.R. is that on 28.10.2023 at about 2.04 P.M., the I.I.C., Chandaka Police Station received an information that four persons in three cars transporting ganja from Khurda side. On receipt of such information, the I.I.C. along with his staff proceeded to the spot and detained the three cars and on search they found three plastic bags containing 66 Kgs 800 grams of ganja from the three cars. As the petitioner and others failed to produce any authenticity document for possessing the ganja, they were arrested.
Learned counsel for the petitioner submits that the vehicle driven by the petitioner bearing Registration No.OD-02-CC-1162 is concerned, 22 Kgs. 900 grams of contraband ganja was seized. Therefore, the petitioner may be released on bail.
Mr. Ragada, learned Additional Government Advocate on the other hand submits that since in toto 66 Kgs. 800 grams was seized, which is beyond the commercial quantity, the petitioner is not entitled for the bail.
The petitioner had approached the learned Special Judge, Khurda at Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 06.11.2023 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 29.10.2023, the nature of accusation and the quantity of contraband seized from the possession of the petitioner, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall not tamper with the evidence in any manner whatsoever.
Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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