Sk. Aspak vs State Of Orissa

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

The petitioner is in custody since 28th March, 2023 in connection with T.R. Case No.147 of 2021 pending in the court of learned 1st Addl. Sessions Judge-cum-Special Judge, under NDPS Act, Khordha corresponding to Tangi P.S. Case No.411/2021 for the alleged commission of the offence under Section 20(b)(ii)(C)/25/27-A/29 of the NDPS Act.

It is alleged that the Petitioner and two other persons were transporting 31 kg. 400 gms of ganja in a car were apprehended. Basing on the so called confession of the apprehended co-accused persons, the Petitioner was subsequently arrested. It is submitted that nothing was seized from the exclusive and conscious possession of the Petitioner. Further, the co-accused (Sk. Mubarak) has already been granted bail as per order dated 20.4.2022 passed by this Court in BLAPL No.10879/2021. Since the Petitioner stands on better footing, it is prayed that he should be released on bail.

Considering the submissions as above and the fact that the Petitioner was not apprehended at the spot, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that he shall personally appear before the trial court on each date of posting of the case, failing which it shall be open to the said court to pass necessary orders to take him to custody again by issuing N.B.W.

The BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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