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Judgment
24 paragraphs · 404 wordsÂ
S.K. Sahoo, J
This matter is taken up by video conferencing   mode.  Â
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Chandrapur P.S. Case No.59 of 2020 corresponding to T.R. No. 62 of 2020
pending in the file of learned Addl. Sessions Judge â€"cum- Special Judge, Gunupur for alleged commission of offences under sections 20(a)(i)/25/27/
29 of the N.D.P.S. Act.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge -cum-Special Judge, Gunupur in Charge vide order dated
05.01.2021.
Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 23.12.2020 and he has been
charge sheeted under sections 20(a)(i)/25/27/29 of the N.D.P.S. Act and there is absolutely no material on record to show that the petitioner had
cultivated the cannabis plants and in the first information report, it is mentioned that during confidential inquiry, it was ascertained that the petitioner
and the other villagers of Gardinabhata were cultivating the cannabis plants in the forest land and on that basis also charge sheet has been submitted
and since bar under section 37 of the N.D.P.S. Act is not applicable for the offences under which charge sheet has been submitted and after hearing
the learned counsel for the State who fairly submitted that except the confidential inquiry as mentioned in the first information report, there is no other
material on record to show that the petitioner had actually cultivated the cannabis plants in the land in question, I am inclined to release the petitioner
on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may
deem just and proper.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available
in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s
Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.