Samiullah Khan vs State Of Odisha

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. Case No.75 of 2024 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Gunupur, arising out of Padmapur P.S. Case No.60 of 2024 for commission of offence alleged under Sections 20(b(ii)(C)/25/29 of the N.D.P.S Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge, Gunupur by order dated 15.05.2024 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 1.5.2024 on the accusation that he is in possession of contraband to the tune of 22 Kg. of ganja.

It is further submitted by the learned counsel that wrong weighment cannot be ruled out so as to attract the rigors of Section 37 of the N.D.P.S Act. It is stated that the contraband seized is shown as more than 20 Kg. only to attract the rigors of Section 37(1)(b)(ii) of the N.D.P.S Act.

It is further stated that the Petitioner is the first offender.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act and submits that the Petitioner is a flight risk.

Taking into account the progress in investigation and since 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.

To allay the apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during investigation since he does not ordinarily reside in the State of Odisha, additionally it is directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin. And, his criminal antecedent from his parents police station shall also be called for.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

Further, it is directed that the 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. Certification of such appearance shall be submitted to the Court in seisin.

The BLAPL thus stands disposed of.

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

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