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Judgment
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 15.09.2023 in connection with District Mobile Squad of Excise Jajpur P.R. No. 123/2023-24 corresponding to C.T. (NDPS) Case No.24 of 2023 pending in the Court of learned Addl. Sessions Judge- cum- Special Judge, Jajpur for the alleged commission of offence under Sections 20(b)(ii)(c) of NDPS Act.
It is alleged that the petitioner had stored 75 Kgs of contraband ganja in an abandoned Anganwadi Center of the village. On getting reliable information the Excise Staff conducted raid in course of which, the petitioner is alleged to have been apprehended at the spot along with the contraband. It is submitted by learned counsel for the petitioner that the prosecution case as laid is not believable inasmuch as the abandoned building was in a public place being accessible to all. That apart, final P.R. has been submitted and yet trial has not commenced.
Learned State Counsel has opposed the prayer for bail by submitting that the petitioner was apprehended while in possession of the contraband.
Taking into consideration all the above facts and particularly, the fact that the trial has not commenced as yet, I am inclined to take a lenient view. The bail application is disposed of directing the Court below to release the petitioner on interim bail for a period of three months from the date of his actual release on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
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