Panchanan Konhar vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in 2(a)CC No.13 of 2022 (NDPS) pending on the file of learned Addl. Sessions Judge, Kantamal, arising out of P.R. No.64 of 2022-23 for commission of the offence under Section 20(b)(ii)(C) 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 Addl. Sessions Judge-cum-Special Judge, Kantamal, by order dated 22.12.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 20.10.2022 on the accusation of possessing the contraband (ganja) to the tune of 25 Kg.

It is submitted by the learned counsel that wrong weighment cannot be ruled out so as to attract the rigors of Section 37 of the N.D.P.S Act.

It is further submitted that since investigation has progressed substantially, further continuance of the Petitioner is not warranted.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37 of the N.D.P.S. Act.

Taking into account that the investigation has progressed substantially, 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 the criminal antecedent of similar nature.

If it comes to fore that the Petitioner has any such 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 the rules.

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