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Judgment
16 paragraphs · 402 wordsV. Narasingh, J
The order sheet of the learned Special Judge dated 07.06.2023 evidencing surrender of the petitioner is taken on record.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with T.R. Case No.264 of 2023, pending in the Court of the learned District & Sessions Judge-cum-Special Judge (NDPS) Khordha, At-Bhubaneswar, arising out of Inspector of Excise Bhubaneswar Range (II) P.R. Case No.20 of 2023-24, for alleged commission of offences under Section 21(b) 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 Sessions Judge, Khurda, At-Bhubaneswar by order dated 17.05.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 10.05.2023 on the accusation of possessing contraband to the tune of 23gms (Brown Sugar).
It is stated by the learned counsel that since final P.R. has been submitted on 07.07.2023, the petitioner may be released on bail.
It is stated at the Bar that the petitioner is an accused in Nayapalli P.S. Case No.602 of 2022 for allegedly possessing contraband to the tune of 7.5gms (Brown Sugar).
Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the petitioner.
It is apt to note here that the petitioner was released on interim bail by this Court by order dated 06.06.2023 since his father had passed away and the petitioner as noted has surrendered.
Taking note of the conduct of the petitioner, 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 than the one noted hereinabove.
If it comes to the fore that the petitioner has criminal antecedent of any nature other than the one noted above, 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 conclusion of trial. 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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