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Judgment
16 paragraphs · 428 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.40/121 of 2022, pending before the Court of the learned 2nd Additional Sessions Judge, Puri, arising out of Pipili P.S. Case No.285 of 2022 for alleged commission of offences under Sections 21(c)/29 of the NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Puri by order dated 09.06.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 18.06.2022 on the accusation that he along with co-accused are in possession of contraband (brown sugar) to the tune of 988 grams.
It is the further submission of the learned counsel that since charge sheet has been filed on 24.09.2022 and the seizure being from the co-accused, further continuance of the Petitioner in custody is not warranted.
It is stated that the co-accused has already been released on bail by order dated 19.05.2023 in BLAPL No.732 of 2023. Hence, inter alia, on the ground of parity, the Petitioner seeks release.
On perusal of the said order, it is seen that the Complainant Soumya Ranjan Jena in the case diary has stated that the seizure of the contraband was from the co-accused Mursid Khan @ Juma and Sk. Sajat Ali.
It is the further submission of the learned counsel that the Petitioner is the first offender.
Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37 of the NDPS Act and submits that since the contraband is more than the commercial quantity, the Petitioner ought not to be released on bail.
Considering the release of the co-accused, 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 criminal antecedent.
If it comes to fore that the Petitioner has any 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 rules.
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