Ahalya Sahoo @ Kamala Sahoo Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with District Mobile Unit, Bhubaneswar P.R. No. 312/2023-24 corresponding to T.R. No. 27 of 2024 in the Court of the learned Special Judge-cum-District & Sessions Judge, Khurda at Bhubaneswar registered under Section 20 (b) (ii) (B) of the NDPS Act.

The prayer for bail of the petitioners has been rejected vide order dated 24.01.2024 by the learned Special Judge-cum-District & Sessions Judge, Khurda at Bhubaneswar in T.R. No. 27 of 2024.

The prosecution allegation in brief is that 18.01.2024 in the morning, when the informant and his team were performing patrolling duty near Kapileswar High School, they noticed that the petitioner started running on seeing them. On suspicion, the informant and his team detained her and during search, 12 kgs. of ganja was recovered from her possession. Since the petitioner could not produce any authority or license for possession of the said ganja, the ganja was seized and she was arrested.

Mr. Ashutosh Mishra, learned counsel for the petitioner submits that the petitioner is a woman and is in custody since 18.01.2024 and she does not have any criminal antecedents. Only because she started running, the Police arrested her on suspicion and she has no connection with the said ganja. He also submits that as she has no criminal antecedents and in view of the quantity of ganja seized, Section 37 of the NDPS Act will not be a bar for releasing the petitioner on bail.

Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that these types of crimes are increasing everyday and the petitioner may commit similar offence if she is released on bail and her criminal antecedents have not been verified.

Considering the nature of allegations against the petitioner, the quantity of ganja seized and the submission that she does not have any criminal antecedents, I am inclined to allow the prayer for bail.

The petitioner- Ahalya Sahoo @ Kamala Sahoo 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 verification that she has no criminal antecedents under the NDPS Act.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

A  copy  of  this  order  be  supplied  to  Ms.  S.  Mishra,  learned Additional Standing Counsel for onward transmission to the IIC, District Mobile Unit, Bhubaneswar.

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