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Judgment
15 paragraphs · 423 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with G.R. Case No.74 of 2021, pending in the Court of the learned Sessions Judge-cum-Special Judge, Gajapati, At-Paralakhemundi arising out of R.Udayagiri P.S. Case No.78 of 2021, for commission of the alleged offence under Sections 20(b)(ii)(C)/25/29 of NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Gajapati by order dated 23.06.2023 in the aforementioned case, the present BLAPL has been filed.
It is stated by the learned counsel that the Petitioner is in custody since 12.04.2023 on the accusation that he along with the co-accused who are not before this Court have facilitated the transportation of contraband to the tune of 331Kgs 900gms (Ganja).
It transpires from the final form submitted on 31.10.2021, which is on record that the Petitioner has been cited as an absconder.
It is the case of the Petitioner that he has been implicated on the basis of the co-accused statement and there is no other material to implicate him in the case at hand.
Such submission though not refuted by the learned counsel for the State in essence but it is submitted that there are other materials to indicate that the Petitioner is actively involved in the transportation and he being a local, was facilitating such transport.
It is further submitted by the learned counsel that the Petitioner is the first offender.
Taking note of the same and considering the basis of implication and keeping in view the dictum of the apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2020) 80 OCR (SC) 641, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. 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 conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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