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Judgment
16 paragraphs · 385 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in Special G.R. Case No.163 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrakonda P.S. Case No.142 of 2022 for commission of the offence under Section 20(b)(ii)C 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 Special Judge, Malkangiri, by order dated 25.04.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 23.10.2022 on the accusation of possessing contraband (ganja) to the tune of 110 Kg. 600 grams.
It is further submitted that the charge sheet has been filed on 16.04.2022.
It is stated that even if the entire allegation of the prosecution is accepted at its face value, the case against the Petitioner is that he was escorting the vehicle from which the contraband was seized.
It is submitted with vehemence that conscious and exclusive possession cannot be attributed to the Petitioner so as to attract the bar contained in Section 37 of the N.D.P.S. Act.
Learned counsel for the State opposes the prayer but the prosecution is not able to place on record any connection between the Petitioner and the other accused who were admittedly travelling in the vehicle.
It is submitted that the Petitioner is the first offender.
Taking into account the nature of allegation and the basis of implication, 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 similar nature.
If it comes to fore that the Petitioner has any such 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 rule.
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