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Judgment
11 paragraphs · 365 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with Excise Bhubaneswar Range-II Case No.137 of 2023-2024 corresponding to T.R. Case No.22 of 2024 for the offence under Sections-20(b)(ii) B of the N.D.P.S. Act pending in the Court of the learned District & Sessions Judge, Khurda at Bhubaneswar.
The allegation against the petitioner is that on 16.01.2024 morning while the informant along with his team were performing patrolling duty near Royal College, Mancheswar, they noticed the accused seeing them had run away from his shop. On suspicion, the informant apprehended the accused and during search, recovered 8 kgs. 100 gms. of ganja from his conscious possession. Learned counsel for the petitioner submits that there are two criminal antecedents against the petitioner.
The petitioner had approached the learned District & Sessions Judge, Khurda at Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 24.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 16.01.2024, the nature of accusation, the quantity of contraband seized is below the commercial quantity and the criminal antecedents against the petitioner, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever. Since the petitioner has been involved in similar other cases, he shall report before the I.I.C., Mancheswar Police Station being physically present on each Sunday for three months.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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