Ramsevak Ram & Another vs State Of Odisha

V. Narasingh, J

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

The Petitioners are accused in Special Case (NDPS) No.107 of 2022 pending on the file of learned Addl. Sessions Judge, Kantamal, Boudh arising out of Manamunda P.S. Case No.315 of 2022, for commission of the offence alleged 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 Addl. Sessions Judge-cum-Special Judge, Kantamal, by order dated 05.01.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioners are in custody since 26.12.2022 on the allegation of possessing contraband (ganja) to the tune of 8 Kg., which is admittedly less than the commercial quantity. Since the investigation has progressed substantially and the Petitioners are the first offenders, they may be released on bail.

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

Considering the substantial progress in investigation, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of similar nature.

To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of Petitioner No.1 during trial since he does not belong to the State of Odisha, additionally it is directed that one of the family members of the Petitioner No.1 shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedent from P.S. Tumla, Dist-Jashpur, Chhatisgarh shall also be called for.

If it comes to fore that the Petitioners have similar criminal antecedent, this order shall stand recalled.

The BLAPL thus stands disposed of.

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

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