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Judgment
15 paragraphs · 474 wordsS.S. Mishra, J
The petitioner is accused in connection with NCB Crime No.02/NCB/BBSR/2024 corresponding to G.R. (Spl.) Case No.07 of 2024 for the offences under Sections-8(C) r/w Section-20(b)(ii)(C) /25/28/29 of the N.D.P.S. Act pending in the Court of the learned Sessions Jude-cum-Special Judge, Cuttack.
The allegation against the petitioner is that the informant received specific input on 25.01.2024 at about 1500 hours that two persons namely (Ranajit Haldar and (ii) Sanjib Mistri are carrying huge quantity of ganja in a yellow colour poly sack. They will be moving from Manguli Chhak, Cuttack to Contai, West Bengal by bus. Then to verify the veracity of information the informant along with the NCB team went to the spot near Manguli Chhak at about 2030 hours two persons both carrying yellow colour poly sack were spotted near the Chhak and the NCB Team after seeing them surrounded them and on being asked they disclosed their names as Ranajit Halder and Sanjib Mistri. During search of the poly bags, they found two packets each wrapped with brown coloured adhesive tape. On weighing two packets, net quantity of 21 kgs. 100 gms. Of contraband ganja was seized.
The co-accused Ranjit Halder has been granted bail by this Court on 15.03.2024 vide BLAPL No.1339 of 2024.
The petitioner had approached the learned Sessions Judge-cum-Special Judge, Cuttack praying for grant of bail. The learned Court below vide its order dated 22.04.2024 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 present petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody since 28.03.2024 and the nature of accusation and the fact that the co-accused persons have already been enlarged on bail, 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 the following conditions:
(i) The petitioner shall appear before the NCB, Bhubaneswar every month preferably in the first week and additionally he should also appear before the I.I.C., Gochhapada Police Station every week for a period of six months without fail. This condition is imposed because the petitioner is involved in as many as 5 other cases.
(ii) He shall not involve himself in similar types of offences.
(iii) He shall cooperate with the investigation.
(iv) 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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