Kamta Patel vs State Of Odisha

S.S. Mishra, J

This is an application under Section-439 Cr.P.C.

The petitioner is an accused in connection with P.R. Case No.322 of 2023-2024 corresponding to T.R. Case No.34 of 2023 for the offence under Sections-20(b)(ii)C of the N.D.P.S. Act pending in the Court of the learned Addl. Sessions Judge-cum-Judge (Special Court), Rairakhol.

The allegation against the petitioner is that on 12.11.2023 at 2.00 AM, while the informant along with his staff were performing night patrolling duty at Rairakhol Railway Station at Platform No.3, 22 kgs. of ganja in one white colour jerry bag possessed by the accused was seized.

The petitioner had approached the learned Addl. Sessions Judge-cum-Judge (Special Court), Rairakhol praying for grant of bail. The learned Court below vide its order dated 23.11.2023 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 12.11.2023, the nature of accusation, the quantity of contraband seized is below the commercial quantity, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of..

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