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Judgment
16 paragraphs · 468 wordsV. Narasingh, J
Heard learned counsel for the Petitioners and learned counsel for the State.
The petitioners are accused in connection with T.R Case No.40 of 2023, pending in the Court of learned Sessions-cum-Special Judge, Sambalpur, arising out of EI and EB Unit-II(ND), Sambalpur, P.R. No.847 of 2022-23, for commission of alleged offences under Sections 20(b)(ii)(C) of NDPS Act.
Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Judge (Special Cout), Sambalpur by order dated 19.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioners are in custody since 05.03.2023 on the accusation of possession of contraband to the tune of 40Kgs (Ganja).
It is stated that since final P.R. has been filed and keeping in view the manner of seizure and the Petitioners being the first offenders, they may be released on bail.
Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act.
It is submitted by the learned counsel for the Petitioner with vehemence that independent seizure of 20Kgs each has been clubbed together so as to attract the bar contained in Section 37 of NDPS Act and also submits that each of the Petitioners cannot be liable for the entire contraband seized.
Learned counsel for the State submits that such submission is to be negated in view of the fact that there has been a joint seizure and further submits that the Petitioners are flight risk. Hence, they ought not to be released on bail.
Taking into account the age of the Petitioners and the manner of seizure qua the Petitioners, this Court directs the Petitioners to be released on bail on such terms to be fixed by the Court in seisin.
Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
It is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family of the Petitioners, who shall execute a P.R. bond.
Before releasing, learned Court in seisin is called upon to obtain instruction from the parent police station of Petitioner No.1 from P.S.-Koni, Dist-Bilaspur, State-Chhatisgarh and Petitioner No.2 from P.S.-Sipat, Dist-Bilaspur, State-Chhatisgarh regarding their criminal antecedent. If it comes to the fore that the Petitioners have any criminal antecedent, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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