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Judgment
17 paragraphs · 477 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in 2(a)CC Case No.83 of 2023 (N) pending on the file of learned 1st Addl. Sessions Judge-cum-Special Judge, Berhampur, Ganjam, arising out of P.R. No.95 of 2023-24 for commission of the offence under Sections 20(b)(ii)C 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 1st Addl. Sessions Judge-cum-Special Judge, Berhampur, by order dated 19.12.2023 in the aforementioned case, the present BLAPL has been filed.
This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner was rejected by order dated 20.07.2023 in BLAPL No.7422 of 2023 during currency of investigation.
It is submitted by the learned counsel that the Petitioner is in custody since 26.05.2023 on the accusation of possessing contraband (ganja) to the tune of 58 Kg. along with co-accused.
It is further submitted that since final P.R. has been submitted on 16.11.2023 and the Petitioner is a lady, a lenient view may be taken.
It is stated, on instruction, that the Petitioner has no criminal antecedent.
Learned counsel for the State opposes the prayer referring to the order of rejection and submits that because the Petitioner is a lady, she is not entitled to be released on bail in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act.
It is his further submission that the proviso to Section 437(1) Cr.P.C was never intended for the same.
Taking into account the age of the Petitioner and that the Petitioner is a lady of 60 years and she is the first offender and keeping in view the first proviso to Section 437(1) Cr.P.C,, this Court directs the Petitioner 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 fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every two months 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. While fixing such date and time learned Court in seisin shall be alive to the fact that the Petitioner is a lady.
The BLAPL thus stands disposed of.
Urgent certified copy of this order be granted as per rules.
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