Sagar Panda Vs State Of Odisha

R.K. Pattanaik, J

Heard learned counsel for the petitioner and Mr. Patra, learned ASC for the State.

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with G.R. Case No.82 of 2023(N) pending in the file of learned Sessions Judge-cum-Special Judge, Ganjam at Berhampur arising out of GRPS Berhampur P.S. Case No.114 of 2023 registered under Section 20(b)(ii)(C) of the NDPS Act on the grounds stated therein.

One of the accused persons is on bail as made to appear from the record. The petitioner was one among the accused persons intercepted near a railway station and thereafter, contraband substance was recovered and seized. Admittedly, contraband brown sugar is more than commercial quantity. The circumstances under which the recovery was made is revealed from Annexure-1, such as, copies of the FIR and other police papers and in view of the fact that the co-accused, namely, Santosh Kumar Mandangi is on bail, recording the submissions of learned counsel for the respective parties, the Court is of the view that parity should be extended.

Accordingly, it is ordered.

In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.82 of 2023(N) arising out of GRPS Berhampur P.S. Case No.114 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties (one among them to be local resident) for the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Ganjam at Berhampur, who shall have the liberty to impose such other suitable conditions as deemed necessary besides the following, such as, he shall attend the GRPS and report the IO once in a week preferably on Sunday between 10.00 AM and 1.00 PM and to continue to do so till the investigation is concluded.

The BLAPL is disposed of.

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

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