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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 T.R. No.364 of 2023 pending before the learned District and Sessions Judge, Khordha at, Bhubaneswar, arising out of Airport P.S. Case No.247 of 2023 for commission of the alleged offence under Section 20(b)(ii)C/29 of the N.D.P.S Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge, Bhubaneswar by order dated 21.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner and co-accused are in custody since 13.07.2023 on the accusation of possessing contraband to the tune of 24 Kg. 123 grams of ganja.
It is further submitted that since investigation has progressed substantially and the Petitioner is the first offender, he may be released on bail.
It is stated by the learned counsel that wrong weighment cannot be ruled out so as to attract the rigors of Section 37 of the N.D.P.S Act.
Learned counsel for the Petitioner relies on the orders dated 31.08.2023, 04.09.2023 & 11.09.2023 respectively in respect of the co-accused passed by this Court in BLAPL Nos.8916, 9377 & 9547 of 2023 and seeks release inter alia on the ground of parity.
It is further submission of the learned counsel that since seizure is from a public place, conscious and exclusive possession cannot be attributed to the Petitioner.
Relying on the seizure list, learned counsel for the State submits that the grounds as advanced by the learned counsel for the Petitioner is fanciful and in view of the bar contained in Section 37 of the N.D.P.S Act, the Petitioner ought not to be released on bail.
Considering the manner of seizure and the Petitioner 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 subject to verification of the criminal antecedent of any nature.
If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
In view of the disposal of BLAPL, I.A. No.1201 of 2023 stands disposed of..
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