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Judgment
S.S. Mishra, J
This is an application under Section - 439 Cr.P.C.
The petitioner is an accused in connection with Special 2(a)CC Case No.67 of 2023 arising out of P.R. No.259 of 2023-24 of I.I.C. of Excise, District Mobile Squad, Nayagrh for the offence under Section-21(b) of the N.D.P.S. Act pending in the Court of the learned Sessions Judge –cum- Special Judge, Nayagarh.
The allegation in the F.I.R. is that while the I.I.C. Excise of Police performing patrolling duty, he got a reliable information that one unknown person was selling cough syrup. Accordingly, search was conducted and the present petitioner was found holding a jari bag containing 60 numbers of eskuf syrup. Hence, he was arrested.
The petitioner had approached the learned Sessions Judge –cum- Special Judge, Nayagarh praying for grant of bail. The learned Court below vide its order dated 26. 12.2023 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 13. 11.2023, the nature of accusation and the quantity of contraband seized from the possession of the petitioner, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner.
Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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