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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in Special G.R. Case No.91 of 2024 pending on the file of learned Special Judge, Puri, arising out of Baselisahi P.S. Case No.98 of 2024 for commission of the alleged offence under Section 21(C)/29 of the N.D.P.S. Act.
Learned counsel, on instruction, submit that except the present BLAPLs, no other bail applications of the Petitioner relating to the aforementioned P.S. Case are pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge, Puri by order dated
5.2024 in the aforementioned case, the present bail application has been filed.
It is submitted by the learned counsel that the Petitioner are in custody since 28.4.2024 on the allegation of transportation of adulterated Cough Syrup. The Codeine Phosphate content is 3.332 Kg.
Learned counsel for the Petitioner submits that the co-accused were since been released on bail by this Court by order dated 28.05.2024 in BLAPL Nos.5376 & 5379 of 2024. Hence, the Petitioner seeks release inter alia on the ground of parity.
It is further submitted, on instruction, that the Petitioner is the first offender.
Learned counsel for the State opposes the prayer for bail, inter alia, on the ground that “Codeine Phosphate” is more than the commercial quantity. Hence, the Petitioner ought not to be released on bail during currency of investigation.
Considering that the Petitioner has his home and hearth within the jurisdiction of the learned Court in seisin and he is the first offender as stated, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
Before releasing, learned Court in seisin is requested to verify as to whether the Petitioner has any criminal antecedent. 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 month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
Accordingly, both the bail applications stand disposed of.
Urgent certified copy of this order be granted as per rule..
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