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Judgment
13 paragraphs · 305 wordsV. 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.190 of 2023, pending in the Court of the learned Special Judge, Kendrapara, arising out of Excise P.R. No.20 of 2023, 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 Special Judge, Kendrapara by order dated 11.05.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 09.05.2023 on the accusation of possessing contraband to the tune of 33gms (Brown Sugar).
It is submitted that since investigation has progressed substantially, he may be released on bail.
Learned counsel for the State opposes the prayer for bail during the currency of investigation.
Considering that the contraband seized is less than the commercial quantity and the period in custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.
While releasing the petitioner on bail, the 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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