Nandalal Mukesh vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with CT (Special) NDPS Case No.7 of 2023, pending before the Court of the learned Judge, Special Court, Dhenkanal, arising out of Dhenkanal Town P.S.Case No.246 of 2023 for alleged commission of offences under Sections 20(b)(ii)(B) of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Judge, Special Court, Dhenkanal, by order dated 04.05.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 14.04.2023 on the accusation of possessing 2 Kg. 545 grams of ganja.

It is further submitted that the contraband seized is less than the commercial quantity and since the investigation has progressed substantially, the Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail during currency of investigation.

Considering the contraband seized is less than the commercial quantity and substantial progress in investigation, this Court directs the Petitioner to be to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of any nature.

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 Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

……………………………