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Judgment
15 paragraphs · 392 wordsV. Narasingh, J
Heard learned counsel for the Petitioners and learned counsel for the State.
The Petitioners are accused in Special G.R. Case No.34 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Bolangir, arising out of Tusura P.S. Case No.81 of 2023 for commission of the alleged offence under Section 20(b)(ii)B of the N.D.P.S Act.
Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Special Judge, Bolangir by order dated 07.08.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioners are in custody since 20.05.2023 on the allegation of possessing contraband (ganja) to the tune of 8 Kg. 150 grams.
It is further submitted that since contraband seized is less than the commercial quantity, the Petitioners may be released on bail.
It is stated that the Petitioners do not have any criminal antecedent.
Learned counsel for the State opposes the prayer for bail during currency of investigation.
Taking into account that the contraband seized is less than the commercial quantity, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
To allay the legitimate apprehension of the learned Public Prosecutor regarding securing the presence of the Petitioners during trial since they do not belong to the State of Odisha, additionally, it is directed that Petitioners shall not leave the jurisdiction of the learned Court in seisin and 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 submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
It is further directed that one of the family members of the Petitioners shall execute the P.R bond in addition to the sureties, so fixed.
While releasing the Petitioners on bail, learned Court in seisin is called upon to obtain instruction regarding antecedent of the petitioner from their parent Police Station. If it comes to fore that the Petitioners have criminal antecedent of any nature, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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