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Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 6212 of 2024 An application under Section 439 of the Code of Criminal Procedure. Sanjay Dhali -------------- ..…. -versus- Petitioner State of Odisha …… Opp. Party --------------------------------------------------------------------------- For Petitioner : Mr. Nihar Ranjan Sahoo, Advocate For Opp. Party : Mr. Gyanalok Mohanty, SC ---------------------------------------------------------------------------- CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO JUDGMENT 12.02.2025 Savitri Ratho, J This is the second application of the petitioner under Section 439 of Cr.P.C. in connection with Malkangiri P.S. case No. 169 of 2023 corresponding to Special G.R. Case No. 91(A) of 2023 pending in the Court of the learned Sessions Judge -cum- Special Judge, Malkangir. Preliminary chargesheet had initially been submitted against co-accused Jeevanand Haldar (petitioner in BLAPL No. 13036 of 2023) on 21.09.2023 for commission of BLAPL No. 6212 of 2024 Page 1 of 12 offences under Sections 20(b)(ii)(C)/25/29 of the NDPS Act, keeping the investigation open. After the petitioner was arrested, final chargesheet has been submitted on 16.05.2024 against Jeevanand Haldar under Sections 20(b)(ii)(C) /25/29 of the NDPS Act, the petitioner Sanjay Dhali and co-accused Sukesh Baroi under Sections 20(b)(ii)(C)/29 of the NDPS Act indicating Sukesh Baroi to be an absconder. 2. Before he was arrested on 03.01.2024, the petitioner had filed two applications under Section 438 of the Crl.P.C before this Court. ABLPL No. 5982 of 2023 was dismissed on 30.08.2023 and ABLPL No. 11221 of 2023 has been dismissed on 08.12.2023. 3. BLAPL No. 6212 of 2024 filed earlier by the petitioner under Section – 439 of the Cr.P.C had been dismissed as withdrawn on 05.02.2024. 4. Thereafter, the petitioner has moved the learned Court below for bail, but his prayer has been rejected by the learned Special Judge, Malkangiri (In-charge) on 29.05.2024. PROSECUTION ALLEGATIONS 5. The prosecution allegation in brief is that on 26.03.2023 at about 3.30 p.m., the S.I. of Malkangiri Police Station had proceeded on patrolling duty/MV checking duty in Malkangiri BLAPL No. 6212 of 2024 Page 2 of 12 town near Goudaguda Chowk Malkangiri. At about 4.00 p.m. he received credible information that one person who transporting ganja in a white colour Swift Dzire car from Korkunda side. He stopped the vehicle at Goudaguda Chowk. On examination, the driver disclosed his identity to be Jeevanand Haldar of Jagdalpur, Bastar (Chattisgarh). Two plastic tinsel jerry bags were recovered from the dicky of the car and two tinsel jerry bags were found in the middle seat of the car from which acute smell of ganja was emanating. On account of his professional experience, the I.O. suspected the same to be contraband ganja. On further examination, the accused confessed that he was transporting ganja to Raipur for sale and the same had been delivered to him by Sanjay Dhali (the petitioner) having Mobile no. 8480346589 and 6371020043 of MV-84 Padmagiri at present Malkangiri; and Sukesh Baroi of MV-83, Padmagiri having Mobile No. 6267311361. After arranging two independent witnesses - Santosh Suna and Ramesh Suna, and after complying with the mandatory provisions of the NDPS Act and in the presence of an Executive Magistrate, the vehicle and accused were searched and apart from other materials, cash of Rs. 3000/-, one ACE keyboard mobile having two numbers 9406192476 and 8895381072 and another BLAPL No. 6212 of 2024 Page 3 of 12 mobile having two SIMs bearing numbers 9131284300 and 9755484300, one Adhar Card, duplicate driving licence, voter card and one duplicate PAN card in the name of Jeevanand Haldar were seized. On weighing, each of the four bags were found to be contain 27 kgs. of ganja. (Total 108 kgs.) Since the accused Jeevanand Haldar could not produce any authorization for possession of transportation of the ganja, the ganja was seized and he was arrested. The other accused persons could not be arrested for which the I.O. submitted preliminary chargesheet on 21.09.2023 against Jeevanand Haldar keeping investigation open. During investigation, it was found that Malkangiri P.S. Case No. 129 of 2005 under Sections 20(b)(ii)(C) of the NDPS Act had been registered against the petitioner Sanjay Dhali. During investigation, it was found that the petitioner-Sanjay Dhali (6371020043) and accused Jeevanand Haldar (9131284300) were in regular contact with each other over their mobile phones. The petitioner was arrested from his house on 02.01.2024 and thereafter the charge sheet has been submitted on 16.05.2024 against co accused Jeevanand Haldar, petitioner-Sanjay Dhali and co accused Sukesh Baroi indicating Sukesh Baroi to be an absconder. BLAPL No. 6212 of 2024 Page 4 of 12 SUBMISSIONS 6.
Legal Reasoning
I have heard Mr. Nihar Ranjan Sahoo, learned counsel for the petitioner and Mr. Gyanalok Mohanty, learned Standing Counsel. 7. Mr. Nihar Ranjan Sahoo, learned counsel for the petitioner submitted that the petitioner is in custody since 03.01.2024 and till date the trial has not started. He further submits that the only material against the petitioner is the confession of the co-accused Jeevanand Haldar before the Police and his own confession. Relying on the case of Tofan Singh vrs. The State of