The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 5421 of 2025 Gurucharan Pradhan and Another ..…... Petitioners Mr. Bibhuti Bhusan Behera, Adv. -Versus- State of Odisha …… Opposite Party Mr. S. Nayak, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
ORDER 30.05.2025 Dated F.I.R No. Police Station Case Courts’ Name No. and Sections 170 24.04.2025 Banarapal (NDPS) Case C.T. No.08 2025 of pending in the Court of learned Special Judge, Angul Section- 21(b) of the NDPS Act. 1. This matter is taken up through a hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The Petitioners, who are in custody in connection with Banarpal P.S. Case No. 170 of 2025, corresponding C.T. (NDPS) Case No.08 of 2025, pending in the Sessions Judge, Angul, registered for the alleged commission of offence under Section-21(b) of the NDPS Act, have filed this petition seeking their release on bail. 4. The brief fact of the case is that the informant who is working as S.I. of Police Banarpal Police Station reported in writing to the effect that on 24.04.2025 at about 08.42 P.M., the I.I.C., Banarpal P.S. received telephonic information from his credible sources that 3 persons named Gurucharan Pradhan, Suman Naik and Sujit Behera have been roaming at Aluminum Park for the purpose of selling contraband Brown Sugar. Thereafter, as per the direction of the IIC, Banarpal P.S. and other superior authority, the informant along with other police staff proceeded towards Aluminum Park. On their arrival at the spot, they saw three persons were roaming inside suspiciously. When they saw the police party, they tried to run away from the spot, but the police personnel managed to caught hold of them. Thereafter, on being asked, they disclosed their identity and finally disclosed that they had possessed contraband Brown Sugar, lighter, Aluminum foil and bidi hiding inside their pant pockets for the purpose of selling to general public for their personal gain. Thereafter, the said fact was intimated to the IIC, Banarpal P.S. and she was directed to proceed with for search and seizure procedure by the Gazetted Officer or an Executive Magistrate in presence of witnesses. Thereafter, on being asked, those three suspected persons disclosed their identities. Then the police personnel conducted personal search of suspect Suman Naik, S/o. Ghanashyam Naik in presence of Page 2 of 6 Executive Magistrate and independent witnesses, weigh man and police staffs, and found one polythene pocket containing alleged contraband Brown Sugar, Drugs inside his left pant pocket from his exclusive and conscious possession. One VIVO V21 E5G mobile phone and cash of Rs.500/- was found from the possession of the Suman Naik. On weighment of the polythene bag containing contraband Brown Sugar pocket was found to be 20 gm 260 mg. Thereafter, they prepared weighment slip and other seizure procedure as per law. Thereafter, on personal search of suspect Gurucharan Pradhan (Petitioner No.l) the police staff found one Realme Mobile phone having SIM No.9556469910 and one yellow colour lighter, one pocket bidi and cash of Rs.620/- and seized the same in presence of independent witnesses, Executive Magistrate and police staffs under proper seizure list. Thereafter, on personal search of suspect Sujit Behera (Petitioner No.2) in presence of Executive Magistrates, independent witnesses and the police staffs found one OPPO A52 mobile phone having SIM No.9861881058 and one red colour lighter, one aluminium foil and cash of Rs.500/- and seized the same in presence of the aforesaid staffs. Accordingly, the present petitioners are liable Under Section 21(b) of NDPS Act and forwarded to the court. Hence, this case. 5. Learned counsel for the Petitioners submits that nothing has been seized from the possession of the Petitioners in implicating Page 3 of 6 the Petitioners in this case. It is further submitted that the Petitioners being the local inhabitants having their movable and immovable property, there is least chance of absconding from the trial. He further submits that the Petitioners are in custody since 25.04.2025. Therefore, he submits that the Petitioners may be enlarged on bail. In view of all these above, according to him, the bar contained under Section 37 of the NDPS Act at the stage does not stand in the way of grant of bail to the Petitioners. Therefore, when there is no scope on the part of the Petitioners to flee from justice and tamper the evidence, he urges for consideration of the prayer for grant of bail to the Petitioners. 6. Learned counsel for the State vehemently opposes the bail prayer of the Petitioners. He further submits that each of the Petitioners have one criminal antecedent, but not the similar nature of offences. 7. Considering the submissions made by the Petitioners, without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, this Court is of the view that the Petitioners should be granted bail by the learned court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:- Page 4 of 6 i. The Petitioners shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. before the Investigating Officer till submission of charge-sheet ii. The Petitioners shall not indulge themselves in any criminal offence while on bail; iii. Each of the Petitioners, after the onset of monsoon (June, 2025 to August, 2025) shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around their village on Government land, community land, or private land in the possession of the Petitioners or their family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation. Violation of any of the above conditions shall lead to the cancellation of the bail. 8.The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioners have planted the saplings as required. 9.It is further directed that the Petitioners shall file an affidavit before the local police station, confirming that the saplings have been planted and that the Petitioners will maintain those plants for a period of two years. 10.The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the Petitioner by supplying the necessary saplings. Page 5 of 6 11. The BLAPL is, accordingly, disposed of. Vacation Judge Puspanjali/Deepak (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: PUSPANJALI GHADAI Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 31-May-2025 13:43:34 Page 6 of 6