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Judgment
11 paragraphs · 344 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with Inspector of Excise Khordha Range P.R. No.70/2023-2024 corresponding to T.R. Case No.8 of 2024 for the offence under Sections-20(b)(ii) B of the N.D.P.S. Act pending in the Court of the learned 1st Addl. District & Sessions Judge-cum-Special Judge under NDPS Act, Khurda.
The allegation against the petitioner is that on 02.02.2024 at 6 AM, while the informant along with their staff were performing patrolling duty near Chhania village, they got the information that the petitioner was going in a motor cycle by carrying a white colour plastic bag containing contraband. The informant and their staff detained the petitioner and seized 2 kgs. 100 gms. of contraband ganja from the possession of the petitioner.
The petitioner had approached the learned 1st Addl. District & Sessions Judge-cum-Special Judge under NDPS Act, Khurda praying for grant of bail. The learned Court below vide its order dated 07.02.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 02.02.2024, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of..
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