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Judgment
11 paragraphs · 326 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with M.V. 79 P.S. Case No.08 of 2024 corresponding to Special G.R. Case No.05 of 2024 for the offence under Sections-20(b)(ii) C of the N.D.P.S. Act pending in the Court of the Sessions Judge-cum- Special Judge, Malkanagiri.
The allegation against the petitioner is that on 11.01.2024, the police received information regarding transportation of ganja by OSRTC bus to Andhra Pradesh. The police recovered and seized 22 Kgs. of ganja. It is alleged that the contraband articles were seized from the bus in which the petitioner was travelling. The bag containing the contraband was allegedly beneath the seat in which the petitioner was sitting.
The petitioner had approached the learned Sessions Judge-cum-Special Judge, Malkanagiri praying for grant of bail. The learned Court below vide its order dated 25.01.2024 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 12.01.2024, the nature of accusation and the quantity of contraband seized, 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 cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner.
Non-cooperation in the investigation and/or 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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