The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3493 of 2024 An application under Section 439 of the Code of Criminal Procedure. -------------- 1. Uttam Pradhan 2. Sumanta Bhuyan ..…. Petitioners -versus- State of Odisha …… Opp. Party ----------------------------------------------------------------------------- For Petitioner
Legal Reasoning
filed by the petitioner in this Court 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, BLAPL No. 3493 of 2024 Page 1 of 6 Khurda at Bhubaneswar under Section – 20 (b) (ii) (C) / 29 of the NDPS Act. 2. This application has been listed before me as BLAPL No. 804 of 2024 filed by co-accused Siba Sundar Paranga had been
Arguments
: Mr. D.K. Rath, Advocate (For petitioner no.1) Mr. L.N. Rayatsingh, Advocate (For petitioner no.2) 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
Decision
disposed of by me on 13.02.2024. BLAPL No. 678 of 2024 filed by co-accused Siba Behera had also been disposed of by me on 09.02.2024. While dismissing the bail applications, liberty had been granted to the petitioner there in to move for bail afresh, after completion of investigation. 3. FIR had been registered against present petitioners Uttam Pradhan and Sumanta Bhuyan; and co-accused Siba Sundar Paranga and Siba Behera on 04.01.2024. Chargesheet dated 30.06.2024 in this case has been submitted against the petitioners (i) Uttam Pradhan and (ii) Sumanta Bhuyan and co accused (iii), Siba Behera and (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 and (viii) Santa @ Santosh Kumar Sahoo under Section 29 of the NDPS Act. BLAPL No. 3493 of 2024 Page 2 of 6 4. The prayer for bail of the petitioner has been rejected vide order dated 16.01.2024 by the learned Sessions Judge-cum- Special Judge, Khurda at Bhubaneswar in T.R. Case No. 06 of 2024. 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 autorickshaw for delivery of the same to customers near Hatiasuni. The informant and his team proceeded to the spot and found 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 persons revealed their identity to be - (i) co-accused Siba Behera, (ii) petitioner no.1 Uttam Pradhan, (iii) petitioner no.2 Sumanta Bhuyan, and (iv) co-accused 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, Bijay Mandal, Manoj Kumar Mahanata and Santa of Salia Sahi. As they could not produce any authority / document in support of BLAPL No. 3493 of 2024 Page 3 of 6 possession of the ganja, the ganja was seized and they were arrested. 6. Learned counsel for the petitioners have submitted that the petitioners are in custody since 04.01.2024 and they do not have any antecedents under the NDPS Act. They have also submitted that investigation has been completed in the meanwhile and the ganja has not been recovered from the conscious exclusive possession of the petitioners as it has been alleged that the petitioners and two other accused persons were standing near the auto rickshaw when the police arrived at the spot. Their final submission is that their prayer for bail may be allowed considering the quantity of ganja seized. 7. Mr. S.S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioners have been arrested from the spot and Petitioner No. 1 is the driver of the auto rickshaw. In view of the quantity of ganja seized and the confession of the petitioners that they have been regularly procuring ganja and selling it to customers, Section 37 of the NDPS Act will be a bar for considering their prayer for bail for which their prayer for bail should be rejected. BLAPL No. 3493 of 2024 Page 4 of 6 8. The petitioners and two other accused persons are alleged to be standing near the auto rickshaw when the police reached the spot. Petitioner No.1 Uttam Pradhan is stated to be the driver of the auto rickshaw which is owned by his brother Goutam Pradhan. He is aged about 22 years. Petitioner No .2 cannot be stated to be in exclusive conscious possession of the ganja. None of the petitioners have any antecedents under the NDPS Act. 9. Considering the circumstances in which the ganja has been seized, the number of persons standing near the auto rickshaw from which the ganja was seized, the quantity of ganja seized and the age of Petitioner No 1 and as the petitioners do not have any antecedents under the NDPS Act, I am of the view that the Section 37 of the NDPS Act will not be a bar for allowing the prayer for bail of the petitioners. 10. The petitioners-Uttam Pradhan and Sumanta Bhuyan shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that they do not have any antecedents under the NDPS Act, including the following conditions: (i) They will not commit any offence while on bail. BLAPL No. 3493 of 2024 Page 5 of 6 (ii) They will not threaten or try to influence the prosecution witnesses while on bail. (iii) They will remain present in the trial Court on each date fixed for trial. 11. Violation of any condition will entail in cancellation of bail. 12. The BLAPL is accordingly disposed of. 13. 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. …………………………….. (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 19:59:30 BLAPL No. 3493 of 2024 Page 6 of 6