Ganpati Randhari 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 T.R Case No.21 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Nabarangpur, arising out of Kodinga P.S. Case No.165 of 2023 for commission of the offence under Sections 20(b)(ii)C/29 of the N.D.P.S Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special Judge, Nabarangpur, by order dated 11.01.2024 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner was rejected by order dated 14.09.2023 in BLAPL No.9991 of 2023 during currency of investigation.

It is submitted by the learned counsel that the Petitioner is in custody since 15.07.2023 on the accusation of possessing contraband (ganja) to the tune of 25 Kg. 200 grams.

It is further submitted that since charge sheet has been filed on 10.1.2024 and the Petitioner being the first offender, he may be released on bail.

Learned counsel for the State opposes the prayer for bail in view of the twin bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act.

Taking into account that the Petitioner being the first offender and as the prosecution has cited 21 witnesses to drive home the charge and there is bleak chance of early trial and keeping in view the decision of the Apex Court in the case of Mohd. Muslim alias Hussain vrs. State (NCT of Delhi), AIR 2023 SC 1648, 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 any nature.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

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 Court in seisin.

The BLAPL thus stands disposed of.

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

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