Arjun Hantal State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13817 of 2023 Arjun Hantal State of Odisha ….. Vs. ….. Petitioner Ms. Debashree Parida, Advocate Opp. Party Mr. S. S. Mohapatra, A.S.C. Order No. 04. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 05.04.2024 (Through hybrid mode) 1. This application under Section 439 of Cr.P.C. has been filed by the petitioner in connection with Chitrakonda P.S. Case No. 67 of 2020, corresponding to T.R. Case No.64(A) of 2020 pending in the Court of the learned Sessions Judge-cum-Special Judge, Malkanagiri for commission of offences punishable under Sections 27 and 20 (b) (ii) (c) of the N.D.P.S. Act. 2. This application has been listed before me as BLAPL No.2548 of 2021 filed by co-accused Bata Sinabai has been disposed of by me on 03.03.2022. Page 1 of 6 3. The bail application of the petitioner has been rejected on 05.12.2023 by the learned Additional Sessions Judge-cum-Special Judge, Malkangiri. 4. The prosecution allegation in brief is that on the date of occurrence on the basis of prior information the police stopped one motorcycle and one tractor coming from Burudiput side towards Kankaraipada maintaining a distance of about 100 meters among them. On seeing the police, the occupants of the motorcycle and the tractor ran away and one of the occupants namely Bata Sinabai was arrested from the nearby jungle and 1168 kgs of ganja was recovered from the tractor. He told the police that the ganja belonged to the petitioner Arjun Hantal who was coming on the motorcycle alongwith Shyama Muduli and that the Bhagaban Golory was the driver of the tractor and the other accused persons were occupants of the tractor. 5. Chargesheet dated 25.01.2021 has been filed against seven persons - Bata Sinabai, Shyama Muduli, Hari Pangi, Dambaru Khilla, Paturu Kotaya, Bhagaban Golory, Nanda Khilla, Samara Nayak @ Pangi and the petitioner Arjun Hantal, under Section -20 (b) (ii) C / Section 27 A of the NDPS Act showing all the accused Page 2 of 6 persons except Bata Sinabai as absconders and NBW was issued against them. The case was split up against Bata Sinabai and trial commenced against him. The petitioner was arrested on 17.04.2023. 6. Perused the report dated 02.04.2024 of the learned Additional Sessions Judge-cum-Special Judge, Malkangiri(in-charge) who has stated that the case has been received on transfer from the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri on 17.07.2023 and charge has been framed against the petitioner Arjun Hantal and Samara Pangi. Out of 23 charge sheet witnesses, no witness has been examined by the prosecution till date and summons have been issued to procure the attendance of the witnesses. The case is posted to 06.05.2024. It is also stated that the post of Presiding Officer is vacant since 01.02.2024. 7. Ms. D. Parida, learned counsel for the petitioner submits that the only material against the petitioner is the statement of co-accused Bata Chinabai and police has not been able to unearth any other incriminating materials against the petitioner though his bank accounts have been verified. She further submits that the petitioner does not have any criminal antecedents and is in custody since 17.04.2023. Samara Nayak @ Pangi in BLAPL No. 5051 of 2023 Page 3 of 6 and Bhagaban Golory in BLAPL No. 11162 of 2023 who stand on similar footing as the petitioner have been released on bail and co- accused Bata Sinabai has also been granted on bail by this Court in BLAPL No. 8856 of 2023. She finally submits that although charge has been framed more than six months ago but trial has not started. 8. Mr. S. S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that a huge quantity of ganja has been seized from the tractor being driven by co-accused Bhagaban Golory. As the petitioner avoided arrest, the trial against Bata Chinabai who was arrested at the spot had to be split up. Co-accused Bata Sinabai who was arrested from the spot and implicated the petitioner as has been granted bail as he had remained in custody for more than three years. He further submits that as per the confidential enquiry of the police, the ganja which has been transported in the tractor belonged to the petitioner and he has given Rs.15,000/- to the co-accused Bata Sinabai to transport the ganja in his vehicle. But he fairly submits that statement of any witness to that effect has not been recorded in support of such allegation. He also submits that if the petitioner is released on bail, he is likely to indulge in similar type of offence and in view of the quantity of ganja seized Section Page 4 of 6 37 of the NDPS Act will be a bar for releasing the petitioner on bail. 9. In view of the nature of the materials collected by the police against the petitioner and lack of criminal antecedents, I am of the view that Section 37 of the NDPS Act will not be a bar for consideration of his prayer for bail. 10. Considering the nature of allegations against the petitioner, the period spent by him in custody, release of two co-accused persons Samara Nayak @ Pangi and Bhagaban Golory who stand on similar footing and as the petitioner does not have any criminal antecedent, I am inclined to allow the prayer for bail of the petitioner, but subject to stringent conditions. 11. The petitioner Arjun Hantal shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, subject to verification that he has no criminal antecedent, including the following conditions: (i) He will not indulge in any criminal activity while on bail. (ii) He will not threaten or try to influence prosecution witnesses while on bail. (iii)He will report before the Chitrakonda P.S. once a week on every Sunday between 1.00 P.M. to 3.00 P.M. Page 5 of 6 (iv) He will appear in person in Court on each date of trial. (v) He will not leave Malkangiri District without prior permission of the learned Trial Court. 12. Violation of any condition will entail in cancellation of bail/recall of this order. 13. The BLAPL is accordingly disposed of. 14. Urgent certified copy of this order be granted on proper application. 15. Copy of this order be supplied to Mr. S. S. Mohapatra, learned Addl. Standing Counsel for onward transmission to the IIC, Chitrakonda Police Station, to enable him to take steps for recall of this order in case of violation of any condition. Subhalaxmi (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 19-Apr-2024 21:05:56 Page 6 of 6