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Judgment
15 paragraphs · 386 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with G.R. Case No.58 of 2023(N) pending on the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur, arising out of Digapahandi P.S. Case No.296 of 2023 for commission of offence alleged under Sections 20(b)(ii)C of the NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur by order dated 07.09.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that Petitioner is in custody since 14.08.2023 on the accusation of possessing contraband (ganja) to the tune of 22 kg 50 grams.
It is further submitted that since investigation has progressed substantially, Petitioner may be released on bail.
On instruction, learned counsel for the Petitioner submits that the Petitioner is the first offender.
It is further submitted that in the case at hand wrong weighment cannot be ruled out so as to bring it within the rigors of Section 37 of the NDPS Act.
Learned counsel for the State opposes the prayer for bail relying on the bar contained in Section 37 of the NDPS Act and submits that defence plea as advanced cannot be taken into account at this stage.
Considering the nature of allegation and substantial progress in investigation and that the Petitioner is the first offender, as stated, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Before releasing, learned Court in seisin is called upon to verify the criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
Additionally, it is directed that Petitioner 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 submission of final form and thereafter, once in three months till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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