The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12959 of 2023 Govinda Khora …. Mr. S.K. Nayak, Advocate Petitioner -versus- State of Odisha …. Opp. Party Mr. P.C. Das, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 14.12.2023 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the materials on record. 3. This is an application under Section 439 of the Criminal Procedure Code. 4. The petitioner is an accused in T.R. Case No.80 of 2020 arising out of Sunabeda P.S. Case No.181 of 2020 pending in the court of learned Additional Sessions Judge-cum-Special Judge, Jeypore for commission of offences punishable under Sections 20(b)(ii)C and 29 of the N.D.P.S. Act. 5. The factual background of the case, in a nutshell, is that on 25.11.2020 at about 4.30 P.M., the S.I. of S.T.F. C.I.D., C.B. Odisha, Bhubaneswar, got reliable information regarding // 2 // running ganja business by the present Petitioner in Sunabeda area and storage of ganja on the road side near Panthika on N.H.-26. To verify such information, the S.I. of Police and other staff proceeded to the spot, i.e, near Panthika on N.H.-26. On their arrival at the spot, they found the present Petitioner standing near the materials with a motorcycle. On seeing the police team, he tried to flee away from the spot, but police managed to catch hold of him. S.I. of Police also recovered and seized 211 Kgs. of contraband ganja from the exclusive and conscious possession of the present Petitioner after observing all formalities of search and seizure under N.D.P.S. Act. Hence, the F.I.R. 6. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 26.11.2020 after being arrested from the spot. He further contended that in the meantime investigation has been concluded and charge sheet has been filed. Learned counsel for the Petitioner also contended that although the trial has commenced, however only four witnesses out of total 23 charge sheet witnesses have been examined so far. He further expressed his apprehension that the trial is not concluded in the near future. It was also contended that the Petitioner does not have similar criminal antecedents. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner being a local resident having no similar criminal antecedent involving offence under N.D.P.S. Act be released on bail subject to any terms and conditions as // 3 // would be imposed by this Court. 7. Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, contended that considering the nature of allegation and the quantity of contraband Ganja seized, i.e., 211 Kgs., the bail application of the Petitioner is not entertainable by this Court. Further drawing attention to Section 37 of the N.D.P.S. Act, learned Additional Standing Counsel submitted that there is exist bar in law so far seizure of commercial quantity of contraband article is concerned. In such view of the matter, learned Additional Standing Counsel submitted that the prayer for bail of the Petitioner be rejected. 8. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts and circumstances of the present case as well as the nature of gravity of the allegation and further taking into consideration the fact that the Petitioner is in custody since 26.11.2020, i.e., more than three years and during the aforesaid period only four witnesses have been examined so far out of 23 witnesses. Therefore, there is no possibility of early conclusion of the trial. In the aforesaid background, this Court is of the considered view that the case of the Petitioner is covered by the judgment of Hon’ble Supreme Court in Mohd. Muslim alias Hussain v. State (NCT of Delhi), reported in 2023 SCC OnLine SC 352. Further, this Court is of the view that the trial is not likely // 4 // to be concluded in near future. 9. In such view of the matter and keeping in view the fact that the Petitioner is a local man and having no similar criminal antecedent, this Court is inclined to release the Petitioner on bail. 10. Hence, it is directed that the Petitioner be released on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions that:- I. The Petitioner shall not be involved in any offence of similar nature; II. he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; III. he shall not make any default in attending the court during trial; IV. he shall appear before the concerned Police Station once in a month preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of trial; and V. he shall not leave the jurisdiction of the Court in seisin over the matter and shall furnish his address and mobile number to the // 5 // police from time to time. Violation of any of the terms and conditions shall entail cancellation of bail. 11. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. 12. It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner has any criminal antecedent, this bail order shall automatically stand revoked. 13. It is made clear that if the Petitioner fails to attend the court on the date fixed on a single occasion, this order shall stand automatically revoked and the learned court below is at liberty to issue N.B.W. against the Petitioner forthwith. 14. The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application. ( A.K. Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC, CUTTACK. Date: 18-Dec-2023 12:18:51