The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 7436 of 2024 An application under Section 439 of the Code of Criminal Procedure. Biju @ Bijaya Kumar Mandal ..…. Petitioner -------------- -versus- State of Odisha …… Opp. Party ----------------------------------------------------------------------------- For Petitioner
Legal Reasoning
: Mr. A.U. Senapati, Advocate For Opp. Party : Mr. S.S. Mohapatra, A.S.C. ----------------------------------------------------------------------------- CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO JUDGMENT 27.09.2024 Savitri Ratho, J This application under Section 439 of Cr.P.C. has been filed by the petitioner in connection with Maitri Vihar P.S. Case No. 03 of 2024 corresponding to T.R. Case No. 06 of 2024 pending in the Court of the learned District & Sessions Judge, Khurda at Bhubaneswar, under Sections 20(b) (ii) (C)/29 of NDPS Act. BLAPL No. 7436 of 2024 Page 1 of 6 2. This BLAPL has been listed before me as BLAPL No. 804 of 2024 filed by co-accused Siba Sundar Paranga had been dismissed by me on 13.02.2024 and BLAPL No. 678 of 2024 filed by co-accused Siba Behera had been dismissed by me on 09.02.2024 granting liberty to both of him to move for bail afresh after completion of investigation. 3. The prayer for bail of the petitioner has been rejected vide order dated 12.07.2024 by the learned 2nd Additional Sessions Judge, Bhubaneswar in T.R. Case No. 06 of 2024. 4. FIR had been registered against co-accused Uttam Pradhan, Sumanta Bhuyan, Siba Sundar Paranga and Siba Behera on 04.01.2024 under Section – 20 (b) (ii) C / 29 of the NDPS Act. Chargesheet dated 30.06.2024 in this case has been submitted against co-accused (i) Siba Behera, (ii) Uttam Pradhan, (iii) Sumanta Bhuyan, and (iv) Siba Sundar Paranga, under Sections 20 (b) (ii) /(C)/29 of the NDPS Act and against (v) Manoj Kumar Sahoo @ Mahanta, (vi) Biju @ Bijay Kumar Mandal (the present petitioner), (vii) Dillip Kumar Baral @ Dilua and (viii) Santa @ Santosh Kumar Sahoo under Section 29 of the NDPS Act. BLAPL No. 7436 of 2024 Page 2 of 6 5. The prosecution case in brief is that on 04.01.2024 morning, the IIC, Maitri Vihar PS received information regarding transportation of contraband ganja in a black colour auto rickshaw for delivery of the same to customers near Hatiasuni. The informant and his team proceeded to the spot and found four persons standing near the auto rickshaw. They were detained and the auto rickshaw searched 36 kgs of contraband ganja kept in two packets was recovered from the seat of the auto rickshaw. During interrogation, the four accused person revealed their identity to be - (i) Siba Behera, (ii) Uttam Pradhan (iii) Sumanta Bhuyan, and (iv) Siba Sundar Paranga and they confessed that they have procured the ganja from Kandhamal side to sell to customers and they were doing this business regularly along with accused Dilua Baral, Biju @ Bijay Kumar Mandal (the present petitioner), Manoj Kumar Mahanata and Santa of Salia Sahi. As they could not produce any authority / document in support of possession of the ganja, the ganja was seized and they were arrested. 6. Mr. A.U. Senapati, learned counsel for the petitioner submits that the petitioner is in custody since 04.01.2024 and nothing has been seized from the petitioner nor has he been named BLAPL No. 7436 of 2024 Page 3 of 6 in the F.I.R. The basis of his implication are the statements of co- accused who were arrested at the spot. Apart from the confessional statement of the four co-accused persons which cannot be used against him, there is no other material connecting the petitioner with the contraband ganja. He submis that the petitioner has one antecedent - Nayapalli P.S case No 584 of 2021 under Sections 21 (b) and 29 of the NDPS Act, but he has been granted bail in the said case. 7. Mr. S.S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioner has one criminal antecedent namely (i) Nayapalli P.S. Case No. 584 of 2021 under Section 21(b)/29 of the NDPS Act for which Section 37 of the NDPS Act will be a bar for releasing him on bail. 8. Considering the nature of implication of the petitioner in the present case (confession of co accused), decision of the Supreme Court in the case of Tofan Singh vs State of Tamil Nadu : (2021) 4 SCC 1, and as the antecedent of the petitioner does not attract Section – 37 of the NDPS Act, I am inclined to allow the prayer for bail, subject to verification that the petitioner has only one criminal antecedent i.e Nayapaali P.S. Case No.164 of 2021. BLAPL No. 7436 of 2024 Page 4 of 6 9. The petitioner- Biju @ Bijaya Kumar Mandal, shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions: (i) He will furnish cash surety of Rs 10, 000/- ( Rs. Ten Thousand only) (ii) He will not threaten or try to influence the prosecution witnesses while on bail. (iii) He will report before the Maitri Vihar Police Station once every week between 5.00 p.m. to 6.00 p.m. preferably on a Sunday, till conclusion of trial . (iv) He will remain present in the trial Court on each date fixed for trial. 10. Violation of any condition will entail in cancellation of bail/ recall of this order 11.
Decision
The BLAPL is accordingly disposed of. 12. Observations in this order shall not influence the learned trial court which is to try the case, as they have been made for the purpose of consideration of the prayer for bail. BLAPL No. 7436 of 2024 Page 5 of 6 13. Copy of this order be handed over to Mr. S.S. Mohapatra learned Additional Standing Counsel for onward transmission to the I.I.C of Maitri Vihar Police Station. ……………………………. (Savitri Ratho) Judge Orissa High Court, Cuttack. The 27th September, 2024. Puspa, Personal Assistant. Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 30-Oct-2024 19:59:30 BLAPL No. 7436 of 2024 Page 6 of 6