The High Court
Case Details
Order No. 07. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9548 of 2024 Bhim Singh …. Petitioner Mrs. Sujata Jena, Advocate -versus- State of Odisha …. Opp. Party
Legal Reasoning
Mr. U.R. Jena, AGA CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
ORDER 03.01.2025 1. This is an application under Section-439 Cr.P.C. 2. Heard learned counsel for the parties. 3. The petitioner is an accused in connection with Dunguripali P.S. Case No.61 of 2023 corresponding to Special G.R. Case No.14 of 2023 for commission of offences punishable under Sections 20(b)(ii)C/25/29 of the N.D.P.S. Act pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Sonepur. The petitioner had moved an application before the learned trial Court for grant of bail. The learned trial Court vide order dated 04.09.2024 rejected his application. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail. Learned counsel for the petitioner submits that the petitioner is in custody since 14.04.2023. He further submits that the plea of bail of the petitioner is not pending before any other Court, except the present one. 4. The prosecution case is that on 10.04.2023 at 11.30 A.M., when one Laxmidhara Patra, S.I. of Police, Dunguripali Police Station along with his other staff were performing patrolling duty at Dunguripali, Cherupali and Chinajuri area, they found that one navy blue colour Swift Desire car was coming from Cherupali side in high speed and proceeding towards Bargarh side. When the police staff tried to stop the car, the driver of the said vehicle suddenly turned the vehicle towards Bolangir side and tried to proceed towards Lariabahal side at Sisumandi Chowk, Dunguripali. But unfortunately the vehicle dashed with an electric pole and stopped. The driver and another person tried to escape from the spot leaving the said car at the spot and after a long chase, the police could able to apprehend the other accused. When the informant went near the car, ganja like smell was coming from the car. Thereafter, the police searched the vehicle and found eight numbers of white colour plastic bag inside the car and the dickey containing ganja in each bags. The net weight of the ganja without the plastic bag became 150 Kgs. 995 Grams. Hence, the F.I.R. 5. This Court vide order dated 24.11.2024 directed the Court of learned Additional Sessions Judge-cum-Special Judge, Sonepur to furnish a report regarding the status of the case in Special G.R. Case No.14 of 2023. Pursuant to the said order, the learned trial Court vide its letter dated 25.11.2024 has furnished the following report: “In obedience to Hon’bIe Court’s e-mail received, I am submitting the status report that in the present case noted above, the accused person namely Bhim Singh been charge sheeted for the offence U/s. 20(b)(ii)(C)/25/29 of NDPS Act on the allegation of unlawful possession and transportation of Ganja of 150 Kgs.995 grams. Charge was framed on 09.02.2024. In this case, no prosecution witness has been is posted on examined and for 13.12.2024, 16.12,2024 and 17.12.2024 examination of the complainant and other witnesses.” the case record 6. Mrs. Sujata Jena, learned counsel for the petitioner submits that out of 19 charge sheeted witnesses, only 2 witnesses have been examined. Mrs. Jena has emphatically relied upon the testimony of P.W.2, who is an official witness, who has accompanied the police team. The said witness has, inter alia, stated as under: “8. We are not present at the sport when the offending vehicle dashed the electric pole. The electric pole was bent and it was iron. The offending vehicle was also damaged due to such dashing. I do not recall whether any broken glasses or any damage iron part was lying in the ground at the spot. 9. The pot is in between Balangir – Bargarh road (NH-26). The place where the offending vehicle dashed the electric pole was also a bury road having different shops. When we reached near the vehicle, no person was present inside the vehicle or at the spot. We apprehended the accused Bhim Singh at a distance of 100 to 20 meters from the vehicle. We apprehended the accused near village Lariabahal road side. The accused was apprehended on the opposite direction of from Balangir road as well as Bargarh road. 10. I apprehended the accused Bhim Singh personally. Where the accused was apprehended, one Saraswati Sishu Mandir school, agricultural field are situated. The registration number of the offending vehicle is JH-01-EC-7796. The vehicle was kept open at the spot of accident when we reached there. I had not measured the ganja at the spot, but I was present there. I cannot say the next quantity of ganja kept in each bag. Each bag may be weighed twice time. The ganja was not removed from each of the bag recovered from the vehicle art the spot.” Mrs. Jena further submitted that the petitioner was not apprehended from the spot and the contraband ganja of 150 Kgs.995 Grams was not recovered from the conscious possession of the petitioner. She has filed an affidavit dated 02.12.2024 disclosing that the petitioner does not have any criminal antecedent. 7. Mrs. Jena, learned counsel for the petitioner also submitted that the present petitioner has no criminal antecedent and out of 19 charge sheeted witnesses, only two witnesses have been examined. The petitioner is in custody for about two years. She relied upon the judgment of the Hon’ble Supreme Court in the case of Rabi Prakash vrs. The State of Odisha reported in 2023 LiveLaw 533 and submitted that the case of the petitioner is directly covered by the ratio of the judgment Ravi Prakash( supra). 8. Mr. Jena, learned Additional Government Advocate vehemently opposed the prayer of the petitioner for grant of bail on the ground of quantity of ganja seized from the spot, although, the contraband ganja has not been recovered from the conscious possession of the petitioner. 9. Taking into consideration the period of custody since 14.04.2023, stage of the trial, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioner on bail. Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the further following conditions: (i) The petitioner shall not leave the jurisdiction of the trial Court till the disposal of the trial; (ii) He shall appear before the trial Court on each date on which the case is posted for trial; (iii) He shall not tamper with the evidence in any manner whatsoever; (iv) He shall not commit any offence while on bail; and (v) He shall be released on bail subject to further verification of similar type of antecedents. Violation of any of the conditions shall entail cancellation of the bail. The prosecution is given liberty to move application for cancellation of bail before the Court below, if the petitioner violates any conditions of the bail as has been imposed by this court or any other condition that would be imposed by the court below. 10. The BLAPL is accordingly disposed of. amit (S.S. Mishra) Judge Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 06-Jan-2025 11:24:38