ABHIRAM BIBAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the Petitioner and learned counsel for the State.

(2.) The Petitioner is seeking pre-arrest bail in connection with T.R. No.41 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Gunupur, Rayagada, arising out of Chandrapur P.S. Case No.08 of 2021 for commission of offences punishable under Ss. 20(b)(ii)C, 25 and 29 of the NDPS Act. The allegation against the Petitioner is that he along with the co-accused who faced trial are involved in the transportation of contraband (Ganja) to the tune of 540kgs.

(3.) It is submitted by the learned counsel referring to the charge sheet which is on record that the basis of implication is on account of the co-accused statement and the co-accused who were taken into custody and faced trial have since been acquitted by the judgment dtd. 30/10/2024 in TR No.41 of 2021 by the learned Addl. Sessions Judge-cum-Special Judge, Gunupur, Rayagada. And it is further stated that the acquittal of the co-accused was on account of violation of mandatory statutory provision as contained in Sec. 42(1),--