The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6221 of 2023 Dilip Kumar Chandan ..... State Of Odisha -versus- ..... Petitioner Represented By Adv. - Kunal Kumar Swain Opposite Parties Represented By Adv. – S.Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 26.07.2024 Order No. 10. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. 3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Baliguda P.S. Case No.72 of 2023, corresponding to C.T. Case No.24 of 2023, pending in the Court of the learned Special Judge-cum- A.D.J., Baliguda for alleged commission of offence under Sections 20(b)(ii)(c) of NDPS Act. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 16.03.2023. He further contended that in the meantime the investigation has been concluded and final P.R. has been submitted. Learned counsel for the Petitioner referring to the allegations made in the F.I.R. submitted that as per the prosecution allegation, a total quantity of ganja seized, i.e., 207 kgs. Page 1 of 4. 880 gms, was recovered from the nearby jungle. He further submitted that such contraband ganja was kept conceal under dried Sal tree leaves. He further submitted that the police team which was on patrolling duty, found two suspected persons, who have covered their face with towels, tried to escape from the spot and drag into the jungle. He further submitted that the police team chased such person and nabbed them. On such in the nearby area, the police patrol team would detect the contraband articles which were concealed as has been mentioned hereinabove. He further submitted that the petitioner has been apprehended in the present case on the basis of such suspicion. He further submitted the seizure of contraband article is seriously disputed. He further submitted that from the materials on record, it appears that the aforesaid contraband article has not been recovered from the exclusive and conscious possession of the Petitioner. He further contended that the bar under Section 37 of the N.D.P.S. Act would not be attracted. He further submitted that the Petitioner does not have any similar criminal antecedent except the present case. He further contended that the petitioner belongs to the locality and there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions that would be imposed by this Court. 5. Learned Additional Standing Counsel appearing for the State- Opposite Party, on the other hand, opposed the release of the Petitioner on bail. He further submitted that the police party chased the petitioner and the petitioner was arrested from the nearby place where the ganja was kept concealed under dried Sal tree leaves in the jungle. In such view of the matter, he further submitted that the seizure of the contraband ganja from the present petitioner cannot be Page 2 of 4. questioned at this juncture. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society, therefore, no leniency should be shown to the accused persons, who are involved in such type of offence. He further submitted that in the event the petitioner is released on bail, there is every likelihood that he might abscond from justice which would eventually cause delay in conclusion of trial. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture. 6. On a careful examination of the materials on record, further on a close scrutiny of the surrounding facts and circumstances of the present case, this Court observes that the contraband ganja was recovered from the nearby jungle where was kept concealed under dried Sal tree leaves. It further appears that the petitioner chased by the police team and was nabbed. Therefore, it cannot be conclusively said at this juncture that it was recovered from the exclusive and conscious possession of the petitioner which would attract the bar under Section 37 of the N.D.P.S. Act. Taking into consideration the fact that the petitioner does not have any similar criminal antecedent and that the petitioner has been languishing in custody since 16.03.2023, further taking note of the fact that the petitioner belongs to the locality, therefore, there is no chance of absconding, therefore, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions. 7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions: Page 3 of 4. I) shall not be involved in any offence of similar nature while on bail; II) shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; III) shall not make any default in attending the court during trial on each date without fail; and IV) shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial. Violation of any of the terms and conditions shall entail cancellation of bail. 8. It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioner. In the event the Petitioner is having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked. 9. BLAPL is accordingly disposed of. 10. Issue urgent certified copy as per Rules. Anil ( A.K. Mohapatra ) Judge Page 4 of 4. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Jul-2024 12:35:29