Ajeet Kumar Gond vs State Of Odisha

S.K. Panigrahi, J

This matter is taken up by hybrid mode.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner being in custody in Binika P.S. Case No.61 of 2020 corresponding to Special GR Case No. 7 of 2020, pending in the court of the learned Special Judge, Sonepur, registered for the alleged commission of offence under Section 20(b)(ii)(C) of the NDPS Act, has filed this petition under Section 439 Cr.P.C. for his release on bail.

The brief fact of the case is that on 17.03.2020 on getting an information regarding transportation of 'ganja' in a Hundai Verna car bearing Regd. No.WB-06-9509 the informant along with his staff proceeded to the spot and intercepted the alleged vehicle being driven by the present petitioner. On frantically search of the dickey of the car, they recovered contraband 'ganja' weighing about 1 quintal 6 Kg. 630 gram. On being asked neither the driver nor other occupants present therein could not produce the authenticated documents with respect to such transportation. Thereafter, after observing all formalities, they seized the recovered article, arrested all the accused persons including the present petitioner-driver and forwarded them to the court for the alleged offence.

Learned counsel for the petitioner submits that the petitioner is a driver by profession. He was driving the vehicle as per the instruction of the owner, namely, Sunil Nahata of West Bengal. It is further submitted that the alleged contraband article has not been recovered from the conscious possession of the present petitioner. Moreover, he has no previous criminal antecedents. The petitioner has been languishing in jail custody since 17.03.2020 which is more than one and half year. He shall abide by all terms and conditions as imposed on him in case he is released on bail.

Learned counsel for the State vehemently opposed the bail application with the submission that the quantity of ganja is above the commercial quantity. Moreover, the petitioner is an outsider of the State. Hence, in the event of his release on bail, the possibility of his abscondance cannot be ruled out.

However, having heard learned counsel for the parties and taking into account the prolonged detention of the petitioner in custody for about more than one and half year, it is directed that the petitioner be released on bail in the aforesaid case by furnishing bail bond of Rs.2,00,000/-(Two Lakhs) with two local sureties of the like amount to the satisfaction of the learned court in seisin over the matter with some stringent terms and conditions including the conditions that:-

i. the petitioner shall appear before the court below on each date of posting of the case and

ii. he shall not involve himself in any criminal offence while on bail; and

iii. he shall not tamper with the prosecution evidence in any manner.

Violation of any of the conditions, shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

Issue certified copy as per Rules.

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