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Judgment
G. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
The petitioner by way of the present bail application U/S. 439 of Cr.P.C. has prayed for grant of bail in connection with STF (CID CB), Bhubaneswar P.S. Case No. 23 of 2021 corresponding to Special Case No. 158 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Balasore for commission of offence punishable U/Ss. 21(C)/29 of NDPS Act on the allegation of possessing 2Kgs 12 Grams of brown sugar along with co-accused persons.
In the course of hearing of the bail application, Mr.D.P.Dhal, learned Senior Counsel for the petitioner submits that neither the petitioner was apprehended from the spot nor was he found possessing any Contraband article, rather the implication of the present petitioner is on the basis of statement of co-accused Sajid Khan which is inadmissible in the eye of law and the petitioner having already been detained in custody for a considerable period may kindly be granted bail.
On the other hand, Mrs.S.R.Sahoo, learned ASC does not dispute about the manner of implication of the present petitioner on the basis of statement of co-accused, but she, however, vociferously objects to the release of the petitioner on bail by inter alia submitting that there is primafacie case against the petitioner for possessing such a huge quantity of brown sugar.
After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner of implication of the present petitioner on the basis of statement of co-accused Sajid Khan and the law laid down by the Apex Court in Tofan Singh Vrs. State of Tamil Nadu; (2020) 80 OCR(SC)641 which itself dilutes the rigor of Section 37 of NDPS Act and no criminal antecedent of similar nature being reported against the present petitioner, this Court admits the petitioner to bail.
Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i). the petitioner shall not commit any offence while on bail
(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case
(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.
The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the involvement of the petitioner in future for any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of the order be granted on proper application.
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