Lingaraj Ghatual 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 connection with T.R. Case No.297 of 2023, pending before the Court of the learned Sessions Judge, Khurda at Bhubaneswar, arising out of Bharatpur P.S. Case No.245 of 2023, for alleged commission of offences under Sections 20(b)(ii)(C)/29 of NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at Bhubaneswar, by order dated 22.06.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 28.05.2023 on the accusation that he along with the co-accused are in possession of contraband to the tune of 31 Kgs 450 gms. of Ganja.

It is stated that the Petitioner was arrested from the spot. Hence, it cannot be said that the Petitioner was conscious and exclusive possession of the contraband.

Learned counsel for the Petitioner relies on the order dated 14.07.2023 passed in BLAPL No.6887 of 2023 and seeks release, inter alia, on the ground of parity.

Learned counsel for the State opposes the prayer for bail during currency of investigation and in view of the bar contained in Section 37 of NDPS Act.

Keeping in view the release of the co-accused and the dictum of the apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in 2022 (10) SCC 51, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

Accordingly, the BLAPL stands disposed of.

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

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