The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10974 of 2024 M.Ramesh @ Mannavarapu Ramesh ..... Petitioner State Of Odisha -versus- ..... Represented By Adv. – S.K.Dwibedi Opposite Party
Legal Reasoning
Represented By Adv. – Mr. M.R. Mohanty, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 31.01.2025 Order No. 02. 1. 2. This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Party. 3. The present bail application under Section 439 of Cr.P.C., has been filed by the Petitioner for regular bail relating to Khandapara P.S. Case No.72 of 2024, corresponding to Spl. G.R. Case No.17 of 2024, pending before the learned Special Judge -cum- Additional Sessions Judge, Nayagarh, for alleged commission of offence punishable under Sections 20(b)(ii)(C), 25 & 29 of NDPS Act. 4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is an innocent driver who is languishing in custody since 14.03.2024. He Page 1 of 4. further contended that in the meantime the investigation has been completed and the final charge-sheet has been filed on 08.09.2024. Further, referring to the allegations made in the FIR, learned counsel for the Petitioner submitted that the Petitioner, happens to be a local person and the driver of the Bolero Pick-up vehicle bearing Regd. No. OD-02-C-6178. He further contended that a total of five accused persons were sitting the back of the said vehicle and that a joint seizure has been made from five accused persons to the tune of a total quantity of 83 kg. of contraband Ganja. Learned counsel for the Petitioner at this juncture submitted that the vehicle in question is a public transport vehicle and that while returning, the Petitioner had given lift to some other persons on the back side of the said vehicle. He further contended that a total of five co-accused persons excludes in the present Petitioner were in the said vehicle. 5. In the aforesaid background, the learned counsel for the Petitioner submitted that since the vehicle is a public transport vehicle, some of the passengers were given lift by the driver, it cannot be conclusively said that the alleged contraband Ganja was recovered from the exclusive and conscious possession of the present Petitioner. In such view of the matter, learned counsel for the Petitioner submitted that the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. Learned counsel for the Petitioner further submitted that the Petitioner does not have any criminal antecedent and that since the Petitioner belongs to the locality, therefore, there is no chance of his absconding. In such view of the matter, it was contended that in the event the Petitioner is released on bail, he is ready and willing abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. Page 2 of 4. 6. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that a case under the alleged Sections is well made out against the present Petitioner. She further contended that as per the seizure list, the alleged contraband article was recovered from the possession of the present Petitioner and that taking into consideration the quantity of contraband article seized, the bar under Section 37 of the NDPS Act would be attracted in the present case. She further contended that taking into consideration the fact that such cases are increasing day- by-day in the State of Odisha, no leniency should be shown to the petitioner. In such view of the matter, she submitted that the bail application of the Petitioner be rejected at this juncture. 7. Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the seizure, further keeping in view the period of detention of the Petitioner in jail custody, and taking into consideration the fact that the Petitioner is a driver of the pick-up van and was situated in the front of the vehicle whereas the contraband article was found in the back of the pick-up van, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions. In the event it is found by the learned court below that the Petitioner is having any similar criminal antecedent, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail. 8. 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 Page 3 of 4. matter subject to the following terms and conditions: I) The Petitioner shall also file an affidavit before the Trial Court with regard to indicating there his residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioner shall be subject to verification of such details as would be furnished by any relative of the Petitioner in the shape of an affidavit. II) he shall not be involved in any offence of similar nature while on bail; III) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; IV) he shall not make any default in attending the court during trial on each date without fail; V) he 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. 9. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy as per Rules. Rubi ( Aditya Kumar Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Feb-2025 10:41:17 Page 4 of 4.