AI Structured Summary
Not yet generated for this judgment
Judgment
G. Satapathy, J.
Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Chitrakonda PS Case No.211 of 2024 corresponding to Special GR Case No.197 of 2024 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Malkangiri, for commission of offences punishable U/Ss.20(b)(ii)(C)/29 of the NDPS Act, on the main allegation of escorting the Bolero Pick up vehicle without registration No. carrying 300 Kgs of Contraband Ganja by a Motor Cycle bearing Regd. No. AP-37CN-1137.
Heard, Mr. Deepak Kumar Pnada, learned counsel for the petitioner in BLAPL No. 7016 of 2026; Mr. Somya Kanta Tripathy, learned counsel for the Petitioner in BLAPL No. 7132 of 2026 and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Panda & Mr. Tripathy volunteer to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.
Admittedly, the petitioners were taken into custody on 14.12.2024, but trial is yet to be concluded even after one year and eight months of the custody of the petitioners and only 02 out 12 witnesses have been examined. Further, neither any Contraband article was recovered from the exclusive possession of the Petitioner nor were they found sitting in the Bolero vehicle carrying the Contraband article. It is claimed that the petitioners are not having any criminal antecedent. In the peculiar facts and circumstance of the case and on consideration of material placed on record together with the claim of the Petitioners for not having any criminal antecedent of similar nature and trial having not yet been concluded even after more than 1 year and 8 months of the custody of the petitioners, the petitioners would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if they are not having any criminal antecedent for commission of offence under NDPS Act.
For the reason stated hereinabove and taking into account the other circumstances on record in entirety, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of their criminal antecedent.
Hence, these two bail applications of the petitioners namely Vantala Ramu @ V. Ramu (In BLAPL No.7016 of 2026) and Killo Jinu (In BLAPL No. 7132 of 2026) stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) with two solvent sureties each 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.
In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent for commission of offence under NDPS Act.
Accordingly, these BLAPLs stand disposed of. 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.