Ranjit Halder & Another vs Narcotics Control Bureau, Bhubaneswar

S.S. Mishra, J

This is an application under Section-439 Cr.P.C.

The petitioners are accused in connection with NCB Crime No.02/ NCB/BBSR/2024 arising out of G.R. (Spl.) No.07 of 2024 for the offences under Sections-20(b)(ii) C/28/29 of the N.D.P.S. Act pending in the Court of the learned Sessions Judge-cum-Special Judge, Cuttack.

The allegation against the petitioners is that on 25.01.2024 at about 3 PM, the informant got information about carrying of ganja by the petitioners from Cuttack to West Bengal by bus. The petitioners were apprehended by the police and 21 kgs. 100 gms. of ganja were seized from them.

The petitioners had approached the learned Sessions Judge-cum-Special Judge, Cuttack praying for grant of bail. The learned Court below vide its order dated 08.02.2024 has rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioners submits that the plea of bail of the petitioners is not pending before any other Court except the present one.

Taking into consideration the period of custody from 26.01.2024, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioners on bail.

Hence, the petitioners 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 with further conditions which are as follows:

(i) The petitioners shall cooperate with the investigation and they shall not tamper with the evidence in any manner whatsoever;

(ii) Subject to verification of similar type of antecedents of the petitioners;

(ii) The petitioners shall furnish two local sureties and shall appear before the I.O., Narcotics Control Bureau, Bhubaneswar, once in every month and shall appear before the learned Court in seisin over the matter on each date posted for trial.

To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioners during trial since they belong to a different State, additionally it is directed that one of the family members of the petitioners shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedents of the petitioners from Chakdah Police Station, District- Nadia, State-West Bengal. If it comes to the fore that the petitioners have any criminal antecedent, the Court below shall take into consideration the same while imposing condition.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioners.

The BLAPL is accordingly disposed of.

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