Santa @ Santosh Kumar Sahoo State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 8525 of 2024 Santa @ Santosh Kumar Sahoo State of Odisha ….. Vs. ….. Petitioner Mr.Satyabrata Dash, Advocate Opp. Party Mr. M.R. Patra, A.S.C. CORAM: JUSTICE SAVITRI RATHO Order No. 02.
Decision
ORDER 22.11.2024 (Through hybrid mode) 1. 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-cum-Special Judge, Khurda at Bhubaneswar under Section 20(b)(ii)(C)/29 of NDPS Act. 2. This application 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. They had been granted liberty to move for bail afresh after completion of investigation. 3. FIR had been registered on 04.01.2024 against co-accused Page 1 of 5 Uttam Pradhan, Sumanta Bhuyan, Siba Sundar Paranga and Siba Behera. After completion of investigation, chargesheet dated 30.06.2024 has been submitted against co-accused (i) Siba Behera, (ii) Uttam Pradhan, (iii) Sumanta Bhuyan, (iv) Siba Sundar Paranga, under Section 20 (b) (ii)/(C)/29 of the NDPS Act and against (v) Manoj Kumar Sahoo @ Mahanta, (vi) Bijay Kumar Mandal, (vii) Dillip Kumar Baral @ Dilua (present petitioner) and (viii) Santa @ Santosh Kumar Sahoo under Section 29 of the NDPS Act. 4. The prayer for bail of the petitioner has been rejected vide order dated 29.07.2024 by the learned 2nd Additional Sessions Judge, Bhubaneswar in T.R. No.06 of 2024. 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 Page 2 of 5 and they were doing this business regularly along with accused Dilua Baral (present petitioner), Bijay Mandal, 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. Satyabrata Dash, learned counsel for the petitioner submits that the petitioner is in custody since 13.05.2024 and nothing incriminating has been seized from him. The basis of his implication are the statements of co-accused who were arrested at the spot and allegedly stated that they had been doing business in ganja and had brought the ganja for supplying to the petitioner and three other co- accused and they have done it earlier. He submits that apart from the confessional statement of the four co-accused persons, there is no other material connecting the petitioner with the contraband ganja. He has further submitted that although it has been alleged that the petitioner has one criminal antecedent under section 21 (b) of the N.D. P.S Act of Nayapalli P.S. Case No.453 of 2023, he has been granted bail in that case by the learned Court below and that the other three accused persons who were arrested subsequently and stand on the same footing as the petitioner have been granted bail by this Court. 7. Mr. M. R. Patra, learned Additional Standing Counsel opposes the prayer for bail stating that the investigation reveals that the Page 3 of 5 petitioner is a habitual offender and has one criminal antecedent for which Section 37 of the NDPS Act will be a bar for releasing him on bail. 8. As the ganja has not been seized from the petitioner and his implication is the confession of co-accused before the police, in view of the 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 under Section – 21 (b) of the NDPS Act, does not attract Section – 37 of the NDPS Act, I am inclined to allow the prayer for bail but subject to stringent conditions. 9. The petitioner-Santa @ Santosh Kumar Sahoo shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he has only one criminal antecedent which is Nayapalli P.S. Case No.453 of 2023, under Section 21 (b) of the NDPS Act, including the following conditions: (i) He will furnish cash surety of Rs 10, 000/- (Rs. Ten Thousands 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 Page 4 of 5 once in a month preferably on a Sunday between 5.00 p.m. to 6.00 p.m., till conclusion of the 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. 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. 13. Copy of this order be handed over to Mr. M. R. Patra learned Additional Standing Counsel for onward transmission to the I.I.C of Fategarh Police Station for taking follow up action, in case of violation of any condition. (Savitri Ratho) Judge Gitanjali Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 25-Nov-2024 11:19:21 Page 5 of 5