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Judgment
10 paragraphs · 286 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.
The petitioner is in custody since 05.04.2022 in connection with Jeypore Sadar P.S. Case No.95 of 2022 corresponding to T.R. Case No.
14 of 2022 pending in the Court of learned Addl. Sessions Judge- cum-Special Judge, Jeypore for the alleged commission of offence under Sections 20(b)(ii)(C)/29 of NDPS Act.
It is alleged that he was escorting a car loaded with ganja by riding a motorcycle in front of it. From the FIR it transpires that a white colour TATA Indigo CS vehicle was detained at Patraput Chhak along with a black colour Apache motorcycle in which the petitioner was riding. It is alleged that he was escorting the vehicle in which contraband ganja weighing 181 K.Gs. was kept. Nothing was seized from the exclusive and conscious possession of the petitioner which is duly reflected in the FIR itself. It is not the prosecution case that there was any proximite link between the petitioner and the persons who were transporting the contraband ganja in the car.
Taking into consideration all the above facts as also the period of detention of the petitioner in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
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