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Judgment
11 paragraphs · 323 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with S.I. Excise, Striking Force, Chatrapur P.R. Case No.227 of 2023-24 corresponding to 2(a) C.C. Case No.36 of 2023 (N) 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-Special Judge, Chatrapur, District- Ganjam.
The allegation against the petitioner is that the S.I. Excise was performing patrolling duty on 29.12.2023 at 3.40 pm on the road NH-16 along with other staff. In between Berhampur and Chatrapur during patrolling they say one bike was coming from Chatrapur. They stopped the bike and recovered 22.600 gms. of contraband ganja.
The petitioner had approached the learned Addl. Sessions Judge-cum-Special Judge, Chatrapur praying for grant of bail. The learned Court below vide its order dated 02.01.2024 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 29.12.2023, the nature of accusation and the quantity of contraband seized, 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 and subject to verification of similar type of antecedents of the petitioner, if any.
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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