The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2599 of 2024 An application under Section 439 of the Code of Criminal Procedure. Dilip Kumar Baral @ Dilua ..…. Petitioner -------------- -versus- State of Odisha …… Opp. Party ----------------------------------------------------------------------------- For Petitioner
Legal Reasoning
: Mr. Arijeet Mishra, Advocate For Opp. Party : Mr. S.S. Mohapatra, A.S.C. ----------------------------------------------------------------------------- CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO JUDGMENT 27.09.2024 Savitri Ratho, J This application under Section 439 of Cr.P.C. has been filed by the petitioner in connection with Maitri Vihar P.S. Case No. 03 of 2024 corresponding to T.R. Case No. 06 of 2024 pending in the Court of the learned District & Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar under Section 20(b)(ii)(C)/29 of NDPS Act. BLAPL No. 2599 of 2024 Page 1 of 7 2. This application has been listed before me as BLAPL No. 804 of 2024 filed by co-accused Siba Sundar Paranga had been dismissed by me on 13.02.2024 and BLAPL No. 678 of 2024 filed by co-accused Siba Behera had been dismissed by me on 09.02.2024. They had been granted liberty to move for bail afresh after completion of investigation. 3. FIR had been registered on 04.01.2024 against co-accused Uttam Pradhan, Sumanta Bhuyan, Siba Sundar Paranga and Siba Behera. After completion of investigation, chargesheet dated 30.06.2024 has been submitted against co-accused (i) Siba Behera, (ii) Uttam Pradhan, (iii) Sumanta Bhuyan, (iv) Siba Sundar Paranga, under Section 20 (b) (ii)/(C)/29 of the NDPS Act and against (v) Manoj Kumar Sahoo @ Mahanta, (vi) Bijay Kumar Mandal, (vii) Dillip Kumar Baral @ Dilua (present petitioner) and (viii) Santa @ Santosh Kumar Sahoo under Section 29 of the NDPS Act. 4. The prayer for bail of the petitioner has been rejected vide order dated 19.02.2024 by the learned District & Sessions Judge, Khurda at Bhubaneswar in T.R. Case No. 06 of 2024. BLAPL No. 2599 of 2024 Page 2 of 7 5. The prosecution case in brief is that on 04.01.2024 morning, the IIC, Maitri Vihar PS received information regarding transportation of contraband ganja in a black colour auto rickshaw for delivery of the same to customers near Hatiasuni. The informant and his team proceeded to the spot and found four persons standing near the auto rickshaw. They were detained and the auto rickshaw searched 36 kgs of contraband ganja kept in two packets was recovered from the seat of the auto rickshaw. During interrogation, the four accused person revealed their identity to be - (i) Siba Behera, (ii) Uttam Pradhan (iii) Sumanta Bhuyan, and (iv) Siba Sundar Paranga and they confessed that they have procured the ganja from Kandhamal side to sell to customers and they were doing this business regularly along with accused Dilua Baral (present petitioner), Bijay Mandal, Manoj Kumar Mahanata and Santa of Salia Sahi. As they could not produce any authority / document in support of possession of the ganja, the ganja was seized and they were arrested. 6. Mr. Arijeet Mishra, learned counsel for the petitioner submitted that the petitioner is in custody since 09.02.2024 and nothing incriminating has been seized from him The basis of his implication are the statements of co-accused who were arrested at BLAPL No. 2599 of 2024 Page 3 of 7 the spot and allegedly stated that they had been doing business in ganja and had brought the ganja for supplying to the petitioner and three other co-accused and they have done it earlier. He submits that apart from the confessional statement of the four co-accused persons, there is no other material connecting the petitioner with the contraband ganja. He has further submitted that although it has been alleged that the petitioner has four criminal antecedents, one is a Non F.I.R. case i.e. Nayapalli P.S. Non F.I.R. No. 39 of 2022.The other three cases are under the NDPS Act namely (i) Nayapalli P.S. Case No. 400 of 2022 under Section 21(b) of the NDPS Act, (ii) Nayapalli P.S. Case No. 375 of 2021 under Section 21(b) of the NDPS Act, and (iii) Nayapalli P.S. Case No. 340 of 2019 under Section 20(b)(ii)(B) of the NDPS Act, he has been acquitted in Nayapalli P.S. Case No. 400 of 2022 under Section 21(b) of the NDPS Act and has been granted bail in Nayapalli P.S. Case No. 375 of 2021 under Section 21(b) of the NDPS Act and by this Court in BLAPL No. 7472 of 2019 arising out of Nayapalli P.S. Case No. 340 of 2019 under Section – 20 (b) (ii) ( B) of the NDPS Act. 7. Mr. S.S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that the investigation reveals that BLAPL No. 2599 of 2024 Page 4 of 7 the petitioner is a habitual offender and has four criminal antecedents out of which three are under the NDPS Act namely (i) Nayapalli P.S. Case No. 400 of 2022 under Section 21(b) of the NDPS Act, (ii) Nayapalli P.S. Case No. 375 of 2021 under Section 21(b) of the NDPS Act, and (iii) Nayapalli P.S. Case No. 340 of 2019 under Section 20(b)(ii)(B) of the NDPS Act, for which Section 37 of the NDPS Act will be a bar for releasing him on bail. 8. An affidavit has been filed by Purnima Baral wife of the petitioner stating that the petitioner has been acquitted in Nayapalli P.S. Case No. 400 of 2022 under Section 21(b) of the NDPS Act. In Nayapalli P.S. Case No. 375 of 2021 under Section 21(b) of the NDPS Act and Nayapalli P.S. Case No. 340 of 2019 under Section 20(b)(ii)(B) of the NDPS Act, he has been granted bail. 9. Perused the typed copies of the orders filed by the learned counsel for the petitioner. The petitioner and his wife were both accused in T.R. Case No. 236 of 2022 arising out of Nayapalli P.S. case No. 400 of 2022 where the allegation is that they were selling brown sugar in their grocery shop situated near Indira Gandhi Institute of Pharmaceutical College, Salia Sahi. They have been acquitted on 21.11.2023. BLAPL No. 2599 of 2024 Page 5 of 7 10. Considering the nature of implication of the petitioner in the present case (confession of co accused), decision of the Supreme Court in the case of Tofan Singh vs State of Tamil Nadu: (2021) 4 SCC 1, and as the antecedents of the petitioner do not attract Section – 37 of the NDPS Act as they do not involve commercial quantity of narcotics, I am inclined to allow the prayer for bail but subject to stringent conditions and verification that he has no other criminal antecedents other than the four cases mentioned in paragraph 6 of this order. 11. The petitioner-Dilip Kumar Baral @ Dilua shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions: (i) He will furnish cash surety of Rs 50, 000/- (Rs. Fifty Thousands only) (ii) He will not threaten or try to influence the prosecution witnesses while on bail. (iii) He will report before the Nayapalli Police Station every evening between 5.00 p.m. to 6.00 p.m., till conclusion of trial. BLAPL No. 2599 of 2024 Page 6 of 7 (iv) He will remain present in the trial Court on each date fixed for trial. (v) He will not venture within 500 metres of Indira Gandhi Institute of Pharmaceutical College, Salia Sahi. 12. Violation of any condition will entail in cancellation of bail/ recall of this order 13.
Decision
The BLAPL is accordingly disposed of. 14. Observations in this order shall not influence the learned trial court which is to try the case, as they have been made for the purpose of consideration of the prayer for bail. 15. Copy of this order be handed over to Mr. S.S. Mohapatra learned Additional Standing Counsel for onward transmission to the I.I.C of Nayapalli Police Station and Maitri Vihar Police Station, for taking follow up action, in case of violation of any condition. ………………… (Savitri Ratho) Judge Orissa High Court, Cuttack. The 27th September, 2024. Puspa, Personal Assistant. Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 30-Oct-2024 19:59:29 BLAPL No. 2599 of 2024 Page 7 of 7