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Judgment
11 paragraphs · 368 wordsS.S. Mishra, J
The petitioner is an accused in connection with 2(a)C.C. No.68 of 2023 arising out of P.R. No.266 of 2023 of the I.I.C., Excise District Mobile Squad, Nayagrh for the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act pending in the Court of learned Special Judge, Nayagarh.
The allegation as per the F.I.R. is that on 25.11.2023 while the I.I.C. of Excise, District Mobile Squad, Nayagarh was patrolling with staff at Nayagarh Autonomous College, he got credible information from a reliable source that the accused persons are carrying contraband ganja in one car from Daspalla. The I.I.C. along with other staff conducted raid at old town near Jagannath temple and found the accused persons possessing 30 Kgs. of contraband ganja in a four wheeler vehicle. On being searched, the accused persons disclosed their names and from their possession, 30 Kgs. of contraband ganja was recovered. Therefore, the F.I.R. was registered.
Mr. Ragada, learned Additional Government Advocate submits that the petitioner is also involved in another similar case wherein the Coordinate Bench vide order dated 24.09.2019 in BLAPL No.4431 of 2019 granted bail to the petitioner.
The petitioner had approached the learned Special Judge, Nayagarh praying for grant of bail. The learned Court below vide its order dated 07.12.2023 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 27.11.2023, 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 further condition that he shall not tamper with the evidence in any manner whatsoever.
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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