Prakash Chandra Panda vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in T.R. Case No.45 of 2023 pending on the file of learned 1st Additional Sessions Judge-cum-Special Judge, Khurda arising out of Balugaon Excise Station P.R Case No. 12 of 2023 for commission of the alleged offence under Section 20 (b) (ii) (B) of N.D.P.S. Act.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Spl. Judge under NDPS Act, Khurda by order dated 27.04.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 24.04.2023 on the allegation of possessing contraband (ganja) to the tune of 4 Kg. 200 Grams.

It is further submitted that since contraband seized is less than the commercial quantity, the Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail during currency of investigation.

Taking into account the contraband seized is less than the commercial quantity and the substantial progress in investigation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to the 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 P.R. Certification of such appearance shall be submitted to the Court in seisin.

The BLAPL thus stands disposed of.

Urgent certified copy of this order be granted as per rules.

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