The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4631 of 2025 Teziyan Sahu …. Petitioner Union of India (N.C.B.) -versus- Mr. Sudhanshu Sekhar Dash, Advocate …. Opp. Party Mr. Sudipto Panda, Advocate for NCB
Decision
Order No. 01. CORAM: JUSTICE SIBO SANKAR MISHRA ORDER 13.05.2025 1. The petitioner is an accused in connection with T.R. Case No.600 of 2024 arising out of NCB Crime No.10/NCB/BBSR/2024 registered on the allegation of the commission of the offence punishable under Section 20(b)(ii)(C)/28/29 of the N.D.P.S. Act, pending in the Court of the learned District & Sessions Judge- cum-Special Judge (K), Khurda at Bhubaneswar. The petitioner had approached the learned Special Judge (K) at Bhubaneswar in T.R. No.600 of 2024 praying for grant of bail. The learned Court below vide its order dated 16.04.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the Page 1 of 5 present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that on 11.11.2024, the S.I., N.C.B., Bhubaneswar received credible information regarding storing of contraband ganja by the co-accused namely Binod Bihari Sahoo in the 2nd floor of his rented house at Baikunthapur under Mancheswar P.S., Bhubaneswar. To verify the authenticity of the information, the informant and his teach proceeded to the spot, detained the co-accused Binod Bihari Sahoo and during search, they seized 50.400 kgs. of contraband ganja from his conscious possession. Hence, the F.I.R. 4. It appears that, the co-accused Binod Bihari Sahoo was apprehended from the spot and 50.400 kgs. of contraband ganja was recovered. The co-accused has disclosed the involvement of the present petitioner in the case. On the basis of the same, the present petitioner has been apprehended on 06.04.2025. 5. The co-accused Binod Bihari Sahoo approached this Court by filing BLAPL No.134 of 2025, which has been allowed by the Coordinate Bench of this Court Page 2 of 5 vide order dated 27.03.2025. The operative part of the order reads as under: “3. In course of hearing Mr. Panda, learned counsel for the petitioner submits that that the petitioner does not have any criminal antecedent and hence, he should be allowed to go on bail even though the investigation is in progress. Mr. Bhokta, learned CGC would submit that the recovery is shown from a rented house of the petitioner. In reply, it is claimed by Mr. Panda, learned counsel that at the time of the raid conducted in the alleged house, the petitioner was absent. The further submission is that the petitioner, who is having no other antecedent, should be released on bail with any stringent conditions. The recovery and seizure relate to 50.4 Kgs of contraband Ganja from the house in question. As made to reveal from the F.I.R. i.e. Annexure-1, such recovery was made when the petitioner was not at home and was found nearby a betel shop. The alleged detection is of the month of November, 2024. The Court is of the view that in the meantime, the investigation must have progressed to a considerable extent though the charge sheet is not filed as yet. Having regard to the above facts and pendency of investigation, recording the claim of Mr. Panda, learned counsel that the petitioner has no other similar antecedent and though, the recovery is of commercial quantity of contraband Ganja, the Court is of the view that he should be allowed to go on bail with stringent conditions. 5. In the result, the petition stands allowed. As a necessary corollary, the petitioner is directed to be released on bail in connection with NCB Crime No.10/NCB/BBSR/2024 corresponding to T.R. Case No.600 of 2024 subject to him furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned District & Sessions Judge, Khurda, Bhubaneswar, who shall impose such other conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall attend the P.S. and report the I.O. once in a week for the purpose of investigation, till the same is over and to furnish an undertaking to the effect that he shall not involve himself in any such criminal activities, while on bail. Such release of the petitioner, the Court further directs, shall be upon verification Page 3 of 5 and absence of any other similar antecedent pending against him.” Learned counsel for the petitioner also filed an affidavit, inter alia stating that he has only one criminal antecedent in which case he has been granted bail. 6. Regard being had to the fact that the co-accused Binod Bihari Sahoo has already been enlarged on bail in BLAPL No.134 of 2025 vide order dated 27.03.2025 and the present petitioner has been implicated in the present case on the basis of co- accused disclosure and the period of custody of the petitioner since 06.04.2025, I am inclined to enlarge the petitioner on bail. 7. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioner shall appear before the I.I.C. of the concerned Police Station on every Sunday between 10.00 A.M. and 12.00 P.M. for at least six months; (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) He shall appear before the trial Court on each date on which the case is posted for trial; (iv) He shall not tamper with the evidence in any Page 4 of 5 manner whatsoever; (v) He shall not commit any offence while on bail, and (vi) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 8. The BLAPL is accordingly disposed of. Judge Subhasis (S.S. Mishra) Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-May-2025 17:45:41 Page 5 of 5