Sahil Iqbal Bhai Mer State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13867 of 2023 Sahil Iqbal Bhai Mer State of Odisha ….. Vs. ….. Petitioner Mr. P.K. Routray, Adv. Opp. Party Mr. S.S. Pradhan, A.G.A. CORAM: JUSTICE SAVITRI RATHO Order No. 01.
Decision
ORDER 17.01.2024 (Through hybrid mode) 1. Mr. S.S. Pradhan, learned Additional Government Advocate for the State submits that he has not been able to obtain the criminal antecedents of the petitioner in the present case. 2. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Bargarh Town P.S. Case No. 606 of 2023 corresponding to C.T. (Special) Case No. 96 of 2023 pending in the Court of the learned District and Sessions Judge -cum- Special Judge, Bargarh registered for commission of offence punishable under Sections 20(b)(ii)(C)/29 of NDPS Act. 3. On 02.01.2024 passed in BLAPL No. 13994 of 2023, the case had been adjourned to today to enable the learned Addl. Govt. Advocate to obtain the case diary and criminal antecedents of the petitioner and the petitioner in BLAPL No. 13638 of 2023, BLAPL Page 1 of 5 No. 13867 of 2023 and BLAPL No. 13868 of 2023. 4. The prayer for bail of the petitioner Sahil Iqbal Bhai Mer and co-accused persons Tank Soyed Taufik @ Tanka Sayab Tofik, Ayran Sama, Firoj Alaraka Sama, Nazir Hasan Gameti and Prafulla Kumar Bhoi had been rejected vide common order dated 03.11.2023 by the learned Sessions Judge -cum- Special Judge, Bargarh. 5. The prayer for bail of the co-accused Prafulla Kumar Bhoi has been allowed vide order dated 16.11.2023 passed in BLAPL No. 12936 of 2023 by this Court. 6. The prosecution allegations in brief against the petitioner are that on 20.10.2023 at about 11.15 A.M. when one Jadab Bag, S.I. of Police Town Police Station, Bargarh along with his staff proceeded to the Railway Station as per the direction of IIC, Town Police Station, they saw the five accused persons standing near the Railway Station carrying three Air Bags. On seeing the Police vehicle, they started running but were apprehended. On being asked, the five persons, disclosed their identities and confessed that ganja was there in the Air Bags and they had procured the ganja from the co-accused Prafulla Kumar Bhoi and were going towards Gujarat with the ganja. On search, 21 kgs. 260 grams of ganja was recovered from their conscious possession for which they could not produce any Page 2 of 5 authority. So the ganja was seized and they were arrested. 7. Mr. P.K. Routray, learned counsel for the petitioner submits that the petitioner is aged about 25 years and is in custody since 20.10.2023. He further submits that the prosecution case reveals that 6 kgs. 830 grams of ganja was seized from the first bag (Puma green colour), 7 kgs. 990 grams of ganja was seized from the second air bag (Puma black colour) and 6 kgs. 440 grams from the third air bag (coffee colour trolley air bag), but it has not been specifically stated which of the accused persons was carrying which bag deliberately, in order to implicate all the accused persons in a case under Section 20(b)(ii)(C) of the NDPS Act. He further submits that as there is no specific allegation the petitioner was carrying all the three bags, so it cannot be said that the petitioner was in exclusive possession of the ganja so as to make out an offence under Section 20(b)(ii)(C) of NDPS Act against him. He further submits that even assuming that the ganja has been seized from the possession of the petitioner, in view of the quantity of ganja seized, the possibility of mistake in weighment cannot be ruled out for which the bar under Section 37 of the NDPS Act will not be attracted for considering his prayer for bail. 8. Mr. S.S. Pradhan, learned Additional Government Advocate Page 3 of 5 for the State opposes the prayer for bail stating that as the total quantity of ganja seized is more than 20 kgs., the petitioner does not deserve to be released on bail. He further submits that as the petitioner is a resident of Gujarat, it will be difficult to secure his presence during investigation and during trial and that his criminal antecedents are required to be verified. 9. Considering the age of the petitioner, the quantity of ganja seized, the submission regarding possibility of mistake in weighment and absence of specific allegation by the prosecution as to which bag was being carried by which accused or which of the accused persons was carrying how much quantity of ganja, I am inclined to allow the prayer for bail. 10. The petitioner- Sahil Iqbal Bhai Mer 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 the petitioner does not have any antecedents under the NDPS Act in Odisha or Gujarat, 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. Page 4 of 5 (iii) He will cooperate with the investigation. (iv) He shall furnish cash surety of Rs.5000/-. (v) He will furnish his mobile number, copy of his Aadhaar Card and permanent address in Gujarat to the Court, and which shall be verified by the I.O./I.I.C. of Bargarh Town Police Station before he is released on bail. (vi) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C. (vii) He shall not leave District- Bargarh without prior permission of the learned trial Court after the trial starts. 11. Violation of any condition will entail in cancellation of bail. 12. The BLAPL is accordingly disposed of. 13. Urgent certified copy of this order be granted on proper application. …………………… (Savitri Ratho) Judge Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court Date: 21-Jan-2024 16:56:52 Page 5 of 5