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Judgment
Sashikanta Mishra, J
Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.
The petitioner is in custody since 27.04.2023 in connection with Ranpur Excise P.R. No. 14 of 2023-24 corresponding to Spl. 2(a)CC Case No. 26 of 2023 pending in the Court of learned Sessions Judge-cum-Special Judge, Nayagarh for the alleged commission of offence under Sections 20(b)(ii)(B) of NDPS Act.
It is alleged that the petitioner was in possession of contraband ganja weighing 10 Kgs of ganja when he was apprehended by excise officials. It is submitted that nothing was seized from the petitioner’s possession and that he has been implicated only on suspicion. Further the formalities of search and seizure under the NDPS Act have also not been followed.
Having regard to the submissions as above and the materials on record as also the fact that the seized contraband is less than commercial quantity, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
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