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Judgment
16 paragraphs · 420 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with T.R. Case No.34 of 2022, pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Koraput, arising out of Sunabeda P.S. Case No.41 of 2022, for alleged commission of offences under Sections 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 Additional Sessions Judge-cum-Special Judge, Koraput, by order dated 13.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 13.03.2022 and though charge sheet has already been filed on 29.09.2022, there is no progress in trial.
Learned counsel for the State opposes the prayer for bail keeping in view the quantity of contraband to the tune of 106Kgs 500gms (Ganja).
It is submitted by the learned counsel for the petitioner, on instruction that the petitioner is the first offender.
Perused the report submitted by the learned trial Court.
On perusal of the same, it is seen that the trial is pending for consideration of charge awaiting chemical examination report.
Considering that the petitioner is a young boy of 20 years and the trial is lingering for non submission of chemical examination report, this Court finds sufficient force in submission of the learned counsel for the petitioner that for the laches of the petitioner is prejudiced.
Taking note of the same and keeping in view the dictum of the Apex Court in the in case of Hussainara Khatoon & Others Vrs. State of Bihar, reported in (1980) 1 SCC 81, 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 called upon to verify the criminal antecedent of similar nature. If it comes to the fore that the petitioner has any such criminal antecedent, this order shall stand recalled.
12 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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