Ismail Khan vs State Of Orissa

V. 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.421 of 2022, pending before the Court of the learned 3rd Addl. Sessions Judge, Bhubaneswar, arising out of Balianta P.S. Case No.354 of 2022, for commission of the alleged offence under Section 21(c)/29 of NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3rd Addl. Sessions Judge, BBSR by order dated 05.04.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 24.09.2022 and he is the first offender.

It is submitted with vehemence by the learned counsel for the Petitioner that though the seizure from the Petitioner is to the tune of 130 gm(brown sugar), he has been made liable for the entire seizure of 400 gram.

It is submitted by the learned counsel that the Petitioner cannot said to be conscious and exclusive possession of the entire contraband and in this context the learned counsel for the Petitioner relies on the seizure list which is on record.

Learned counsel for the State though does not dispute the seizure list but submits from that manner in which the seizure has been effected it cannot be said that the present Petitioner is only liable for 130 grams of brown sugar as stated and also in view of bar contained in Section-37(1) of the NDPS Act, he opposes the prayer.

Taking into account the nature of seizure and the Petitioner is first offender as stated and that the trial has not commenced, 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 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.

Accordingly, the BLAPL stands disposed of.

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

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