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Judgment
12 paragraphs · 270 wordsV. Narasingh, J
Heard learned counsel for the Petitioners and learned counsel for the State.
The Petitioners accused in T.R. Case No.595 of 2022 pending on the file of learned District & Sessions Judge, Khurda, Bhubaneswar, arising out of Tamando P.S. Case No.310 of 2022 for commission of the offence under Section 20(b)(ii)B of the N.D.P.S Act.
Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at Bhubaneswar by order dated 03.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioners are in custody since 27.12.2022 for allegedly possessing 2 Kg. 600 grams of ganja, which is admittedly less than the commercial quantity.
It is submitted by the learned counsel that since the Petitioners are the first offenders and investigation has progressed substantially, their further continuance in custody is not warranted.
Learned counsel for the State opposes the prayer.
Taking into account the substantial progress of investigation, as stated and as the Petitioners are the first offenders, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
While enlarging the Petitioners on bail, learned court below shall verify the assertion regarding their criminal proclivity of similar nature. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per the rules.
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