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 2(a) C.C.Case No.102 of 2023 (N), pending on the file of learned 1st Addl. Sessions-cum-Special Judge, Ganjam, Berhampur, arising out of P.R. No.157 of 2023-24 for commission of the alleged offence under Sections 20(b)(ii)(C) of the NDPS Act.
3. Learned counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner is pending in any other Court, relating to the aforesaid P.S. Case.
4. Being aggrieved by the rejection of her application for bail U/s. 439 Cr.P.C by the learned 1st Addl. Sessions Judge-cum-Special Judge, Berhampur, Ganjam by order dated 04.01.2024 in the aforementioned case, the present bail application has been filed.
5. It is submitted by the learned counsel that the Petitioner is in custody since 26.06.2023 on the accusation that he along with the co-accused are involved in the transportation of contraband to the tune of 60Kgs (Ganja).
6. It is submitted that since final P.R. has already been submitted on 12.12.2023 and the co-accused has since been released on bail by this Court by order dated 05.02.2024 in BLAPL No.472 of 2024. Hence, inter alia on the ground of parity (Ref:-Satender Kumar Antil vrs. Central Bureau of Investigation & another, 2022 (10) SCC 51), the Petitioner seeks release.
7. Learned counsel for the State referring to the order of rejection opposes the prayer for bail and submits that the Petitioner cannot be equated with the co-accused since the co-accused was a lady and that weighed with this Court in taking a lenient view and since the Petitioner is admittedly the driver, in view of the twin bar contained in Section 37(1)(b)(ii) of NDPS Act, the case does not merit consideration.
8. Taking into account that there is bleak chance of early trial, keeping in view the nature of accusation, the Petitioner is the first offender as stated and release of the co-accused though this Court is alive of the fact that the said accused is a lady and keeping in view the law laid down in the Apex Court in the case of Mohd. Muslim @ Hussain vs. State (NCT of Delhi) reported in AIR 2023 SC 1648, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.
9. Before releasing, learned Court in seisin is called upon to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.
10. Additionally, it is directed that the 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.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per rule.
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