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Judgment
B. P. Routray, J
The matter is taken up through hybrid mode.
Heard Mr. P. Mohanty, learned counsel for the Petitioner and Mr.K.K. Das, learned Additional Standing Counsel for Opposite Party -State.
This order arises out of an application filed under Section 439 Cr.P.C. for grant of bail to the Petitioner Netrananda Manahira in connection with Baunsuni P.S. Case No.151 of 2019 corresponding to Special Case (NDPS) No.40 of 2021 pending in the court of learned Sessions Judge-cum-Special Judge, Boudh for alleged commission of offence under Section 20(b)(ii)(C) of the N.D.P.S. Act for alleged possession of contraband ganja weighing about 84 kg.700 grams.
It is submitted on behalf of the Petitioner that he was not present at the spot and is no way connected to the commission of alleged offences. He has been taken to custody on the strength of NBWA issued, based on the statement of the co-accused persons. It is further submitted that the Petitioner has no criminal antecedent.
Upon hearing Mr. Das, learned ASC for State and perusal of record reveals that admittedly the Petitioner was not present at the time of detection and seizure of the contraband. It is alleged that the Petitioner was the driver of the vehicle, who managed to flee away from the spot on arrival of police. However, no other material has been collected against the Petitioner except the statement of co-accused person namely, Dillip Kumar Karna and Paritosh Mandal. No contraband has been seized from possession of the Petitioner nor is any criminal antecedent reported against him. Thus, there appears reasonable ground to believe innocence of the Petitioner, particularly in absence of any criminal antecedent against him.
Accordingly, it is directed to release the Petitioner on bail on such terms and conditions as may be deemed just and proper by the learned court in seisin over the matter including the conditions that the Petitioner shall furnish two sureties (with proper identity proof), out of whom one shall be his relative and that, he shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.
The BLAPL is accordingly disposed of.
An urgent certified copy of this order be issued as per rules.
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