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Judgment
G. Satapathy, J.
This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Airfield PS Case No.158 of 2023 corresponding to TR Case No.343 of 2023 pending in the file of learned 2nd Addl. Sessions Judge, Bhubaneswar for commission of offences punishable U/Ss.20(b)((ii)(C)/29 of the NDPS Act.
The allegation against the Petitioner is that four co-accused persons were found in possession of 30Kgs and 100 Grams of Contraband Ganja and on their interrogation, they disclosed that they have brought such Contraband Ganja to supply to the present Petitioner and three others.
Heard, Mr. Gajendranath Rout, learned counsel for the Petitioner and Mr. S.C. Pradhan, learned Addl. PP in the matter and perused the record.
Although the bail application of the Petitioner is opposed to by the learned State Counsel for the petitioner having criminal antecedent, but admittedly, neither the Petitioner was apprehended from the spot nor was found in conscious possession of any Contraband article and it is alleged that the co-accused have brought the Contraband article to supply the same to the Petitioner, which was allegedly recovered from co-accused persons, however, the co-accused persons in whose possession the Contraband article was allegedly recovered, have already been granted bail in BLAPL Nos. 11310 of 2023, 189 of 2024, 941 of 2024 & 3832 of 2024. Besides, the Petitioner is in custody since 22.01.2026, but in the meantime, charge sheet has already been submitted. In view of the aforesaid facts and circumstances, and on consideration of the materials placed on record and no Contraband article having recovered from the possession of the Petitioner, the Petitioner is considered to have satisfied the conditions of Sec. 37 of NDPS Act.
For the reasons stated hereinabove and the grant of bail to co-accused persons, this Court without expressing any view on merits admits the Petitioner to bail.
Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.
Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.