Bijay Kumar Mohapatra vs State Of Odisha

V. 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 No.99 of 2023, pending before the learned Sessions Judge-cum-Special Judge, Cuttack arising out of Cuttack Excise E.I. & E.B. Unit-II P.R. No.134 of 2023-24, for alleged commission of offences under Section 21(b) of the N.D.P.S. 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 14.07.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 06.06.2023 on the accusation of possessing contraband to the tune of 152gms (Heroin).

It is stated that since final P.R. has been submitted on 02.08.2023 and as the petitioner is the first offender, he may be released on bail.

Learned counsel for the State opposes the prayer for bail.

Considering that the contraband seized is less than the commercial quantity, the period in custody and the petitioner being the first offender as stated, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin.

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 learned Court in seisin.

Before releasing the petitioner, learned Court in seisin is called upon 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.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

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