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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 Sections
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 dated 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 Section 42(1)1
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