Laxmidhar Khilla vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in T.R. Case No.35 of 2023 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput, arising out of Nandapur P.S Case No.25 of 2023 for commission of the alleged offence under Sections 20(b)(ii)C/29 of the N.D.P.S Act.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special Judge, Koraput, by order dated 09.05.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 18.03.2023 on the accusation of possession of contraband to the tune of 35 Kg. 800 grams.

It is further submitted that since the implication of the Petitioner is the statement of the co-accused, he may be released on bail.

Learned counsel for the State opposes the prayer during currency of investigation and keeping in view the bar contained in Section 37 of the N.D.P.S Act.

On a conspectus of the materials on record and taking into account the basis of implication, 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 of similar nature.

If it comes to the fore that the Petitioner has any such 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 submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

The BLAPL thus stands disposed of.

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

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