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Judgment
13 paragraphs · 304 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in T.R. Case No.01 of 2022 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Koraput, At-Jeypore, arising out of Boipariguda P.S Case No. 16 of 2022 for commission of the alleged offence under Sections 20(b)(ii)(C) of N.D.P.S Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Spl. Judge, Koraput, Jeypore by order dated 27.04.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 16.01.2023 on the allegation of possessing contraband (ganja) to the tune of 24 Kgs. 900 grams.
On instruction, learned counsel for the Petitioner submits that in the meanwhile final form has been submitted.
Learned counsel for the State opposes the prayer for bail relying on the bar contained under Section 37 of the NDPS Act.
Considering the nature of accusation and there being a bleak chance of early trial and keeping in view that the Petitioner is a young person and has no antecedent of similar nature, 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 Petitioner has any such criminal antecedent, this order shall stand recalled.
It is submitted by the learned counsel that the Petitioner has one antecedent under the penal code, which is an up suit of the case at hand.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted in course of the day.
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