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Judgment
Chittaranjan Dash, J
Heard learned counsel for the Petitioner and the State.
This is an application for bail U/s.439 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 20(b)(ii)(B) of NDPS Act in connection with 2(a)CC Case No.15 of 2023 arising out of P.R Case No. 10 of 2023 pending in the court of learned Additional. District & Sessions Judge, Kantamal. Boudh.
It is submitted by learned counsel for the Petitioner that the Petitioner is involved in alleged possession of 15 K.G of Ganja. According to learned counsel for the Petitioner he was arrested and forwarded to the Court on 26.04.2023 and has been in the custody since then. The Ganja alleged seized from the possession of the Petitioner is more than the small court but less than the commercial quantity.
According to learned counsel for the Petitioner the austerity U/s. 37 of NDPS Act is not applicable to the present case.
Keeping in view the facts and circumstances and the quantum of Ganja seized, the Petitioner be released on bail subject to the verification of criminal antecedent and upon imposition of the conditions as would deem just and proper by the court in seisin over the matter.
It is made clear that the learned court below shall verify the criminal antecedent of the Petitioner. In case antecedent is noticed, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further reference to the present.
The BLAPL is disposed of accordingly.
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