V. Narasingh, J
1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in connection with T.R. Case No.343 of 2023 pending on the file of learned District and Sessions Judge, Khordha at Bhubaneswar, arising out of Air Field P.S. Case No.158 of 2023 for commission of alleged offence under Section 20(b)(ii)(c) and 29 of the NDPS Act.
3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
4. Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Sessions Judge (K) at Bhubaneswar by order dated 14.03.2024 in the aforementioned case, the present BLAPL has been filed.
5. It is stated by the learned counsel that the Petitioner is in custody since 05.03.2024.
6. It is submitted that the case, in which the Petitioner has been cited as an accused, was instituted on 29.06.2023 in which the allegation was that Petitioner along with the co-accused were involved in the transportation of contraband (ganja) to the tune of 30 kgs 100 grams and in the case at hand charge sheet has been filed on 23.03.2024.
7. Referring to the recitals in FIR, it is submitted by the learned counsel for the Petitioner that even if the entire allegation of the prosecution was accepted at its face value, the implication of the Petitioner is on account co-accused statement. Hence referring to the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2021) 4 SCC 1, Petitioner seeks release.
8. Learned counsel for the State opposes the prayer for bail in view of the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 and submits that very filing of the charge sheet against the Petitioner is indicative of prima facie case. Hence in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act, the Petitioner is not entitled to be released on bail. He also refers to the criminal antecedents of the Petitioner including one under the NDPS Act.
9. An affidavit has been filed at the behest of the Petitioner which indicates that apart from the present case, the petitioner is cited as an accused in three cases i.e. (a) Air Field P.S. Case No.202 of 2007, U/s.147/148/149/294/323/336/427/506 of IPC, (b) Air Field P.S. Case No.81 of 2019, C.T. Case No.2199 of 2019, U/s.341/294/379/506/34 of IPC, (c) Air Field P.S. Case No.116 of 2019, corresponding to T.R. No.340 of 2019 U/s.20(b) of the NDPS Act. The said affidavit is taken on record.
10. Taking into account the manner of accusation and as charge sheet has already been filed, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.
11. Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has any other criminal antecedent than the three as noted above, this order shall not be given effect to.
12. Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
13. It is needless to state here that the observations made herein are only for the purpose of consideration of the bail application and ought not to be construed as this Court expressing any opinion regarding the complicity of the Petitioner which has to be adjudicated independently in the impending trial.
14. Accordingly, the BLAPL stands disposed of.
15. Urgent certified copy of this order be granted as per rules.
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