The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4963 of 2025 Basanta Muduli State of Odisha -Versus- ..…... Petitioner Mr. Pranab Kumar Das, Advocate ………. Opposite Party Ms. Gayatri Patra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 16.05.2025 Order No. 01. F.I.R No. 181 28.04.2024 Orkel Dated Police Station Case No. and Courts’ Sections Name in Spl. G.R Case No.94 of the 2024, pending Court of learned Sessions Judge-cum-Special Judge, Malkangiri U/s. 20 (b)(ii)(C ),25, 27- A, 29 of the NDPS Act 1. 2. This matter is taken up through hybrid arrangement. The Petitioner, who is in custody in connection with Orkel P.S. Case No.181 of 2024, corresponding to Spl. G.R Case No.94 of 2024, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri and registered for the alleged commission of Page 1 of 5 offences under Section 20 (b)(ii)(C),25, 27-A, 29 of the NDPS Act, has filed this petition seeking release on bail. 3. The brief fact of the case is that one Manohar Sahu lodged F.I.R that on 28.04.2024 at about 11.45 A.M, while they were performing patrolling duty in between padalput to Nilakhamburu, they received information from reliable source regarding the transportation of the contraband Ganja from village Mantriput in an autorickshaw and proceeding towards Nilakhamburu. In order to verify the veracity of the said information they made a nakabandi near village Nilkhambur at about 2.00 P.M. After some time one motorcycle came in high speed from Padalput side back-to-back. On suspicion, they gave signal to stop both the autorickshaw and the motorcycle. On seeing the police personal, the motor cyclist made sudden brake and stopped the vehicle 50 meters distance from them and the motorcycle riders started running by leaving the motorcycle on the road towards nearby bushy and forest area. On suspicion, they caught the person and the autorickshaw which was coming from backside of the motorcycle stopped at a little distance and found that said yellow colour autorickshaw was having regd No. AP-05- TF-0547 and black and red colour Hero Glamour Motorcycle having the regd. No. OR-30-6715. On being asked, the rider of the motorcycle disclosed his name as Subash Kirsani. On verification, 2 they found two persons sat left and right side of the autorickshaw including the driver. He asked the driver of the autorickshaw to show the document of the vehicle but he could not produce the same. On checking the said autorickshaw, they noticed fifteen numbers of plastic sacks were found to be loaded inside the autorickshaw. They asked the driver and other inmates of the said autorickshaw regarding the contents in the plastic sacks. But they remained silent. Acute smell of Ganja was coming out from the plastic sacks. On being asked, the driver of the autorickshaw disclosed his name as Jagannath Khila and other person who sat left and right side of the driver stated that Jagatraj Ruguda and the present petitioner. It was further submitted that the driver of the autorickshaw and two inmates confessed that as per direction of Subash Kirsani they had purchased the Ganja in the village Mantriput area from Bhakta Runguda @ Kanhu and Dhana Muduli. It was further alleged that on interrogation of Subash Kirsani he confessed that he was the financer of purchased Ganja and he had sent them to village Mantriput area for selling the said Ganja escorting the autorickshaw in order to have smooth transportation of the said Ganja to Chhattisgarh side for selling.
Legal Reasoning
They seized two vehicles and 525 kg of Ganja. Hence, this FIR. 4. Learned counsel for the Petitioner submits that this Petitioner being arrested in this case is in custody since 29.04.2024. 3 He further submits that nothing has been seized from the conscious possession of the Petitioner. He further submits that the petitioner has no criminal antecedent in his credit. In view of all these above, when the Petitioner is a permanent resident of District Malkangiri and has no criminal antecedent as also the question of tampering with the evidence does not arise, he urges for consideration of prayer for grant of bail to the Petitioner. 5. Learned counsel for the State vehemently opposes the prayer for bail since the quantity of Ganja seized was of commercial quantity. 6. Considering the facts and keeping in view the submission
Legal Reasoning
of learned counsel for the Petitioner and the period of detention of the Petitioner in custody, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter on some stringent terms and conditions with further conditions that: i. ii. iii. the petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M. till the completion of the trial; the Petitioner shall not indulge himself in any criminal activities in future; the Petitioner shall not tamper the evidence of the prosecution evidence in any manner; 4 iv. the petitioner shall plant 100 saplings of local variety like mango, neem, tamarind etc. around his village over the Government land/community land/private land, if it is in the possession of the Petitioner or his family members. If there is any problem with respect to the availability of land, the Revenue Authority shall extend his helping hand in making the land identified for the purpose of plantation of saplings. Violation of any of the above conditions shall entail cancellation of the bail. 7. The I.I.C. of the concerned Police Station in coordination with the local Forest Officer, shall monitor; whether the Petitioner has planted the saplings or not. 8. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those saplings for two years. 9. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner. 10.
Decision
The BLAPL is, accordingly, disposed of. Judge (Dr. S.K. Panigrahi) Gitanjali Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-May-2025 15:22:22 5