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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with Special G.R. Case No.135 of 2022, pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Malkangiri P.S. Case No.512 of 2022 for commission of the alleged offence under Sections 20(b)(ii)(C)/25/29 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 Special Judge, Malkangiri, by order dated 21. 03.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 03.09.2022 on the accusation that he facilitated the transportation of contraband to the tune of 181Kgs 600gms (Ganja).
It is the submission of the learned counsel for the Petitioner that the Petitioner is the first offender and basis of accusation is on account of co-accused statement.
It is stated by the learned counsel that the co-accused Gobinda Khora @ Gobinda Khara released on bail by order dated 13.09.2023 in BLAPL No.4565 of 2023 is at all fours with the Petitioner. Hence, inter alia, on the ground of parity, he seeks release.
Learned counsel for the State oppose the prayer for bail in view of the bar contained in Section 37(1) of NDPS Act.
Taking into account the release of the co-accused and keeping in view the law laid down by the apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, (2020) 80 OCR (SC) 641 and State of Haryana vrs. Samarth Kumar, 2022 Live Law (SC) 622, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.
Before releasing, learned Court in seisin is called upon to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any 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 learned Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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