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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with T.R. (A) No.85(A) of 2020, pending before the Court of the learned Sessions Judge-cum-Special Court, Malkangiri, arising out of Motu P.S. Case No.57 of 2020 for alleged commission of offences under Sections 20(b)(ii)C/27(a) 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, Malkangiri, by order dated 27.04.2023 in the aforementioned case, the present BLAPL has been filed.
Perused the order of rejection.
It is alleged that the Petitioner along with others were carrying contraband (ganja) to the tune of 87 Kg. 100 grams.
It is on record that the said contraband was seized from the two co-accused, namely, Aditya Madhi and Prasanjit Samadar.
Learned counsel for the Petitioner places reliance on the order dated 13.04.2021 in respect of co-accused Aditya Madhi in BLAPL No.6368 of 2020 and order dated 16.07.2021 in respect of co-accused Prasanjit Samadar in BLAPL No.838 of 2021.
It is submitted that other co-accused who are similarly placed have been released on bail. The copies of the orders are on record.
It is the submission of the learned counsel for the Petitioner that the basis of implication is on account of the co-accused statement and the accused from whose possession the contraband was sized has since been released. Hence, the Petitioner may be released on bail.
Learned counsel for the State opposes the prayer for bail.
Considering the release of the co-accused as noted, this Court directs the Petitioner to be 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 any nature.
If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week 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 Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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