Akash Lima vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special T.R. Case No.167 of 2022 arising out of Padmapur P.S. Case No.163 of 2022 pending in the file of learned Additional Session Judge-Cum-Special Judge, Gunupur, for commission of offence punishable under Section 20(b)(ii)(c) of NDPS Act, on the allegation of transporting 30Kgs. of Contraband Ganja on a motor cycle along with co-accused.

In the course of hearing of bail application, Mr. S.K. Das, learned counsel for the petitioner submits that although the petitioner was shown to have transported 30 Kgs. of Contraband Ganja, but the facts remains that there were two accused persons in this case and in the event, the materials on record are taken into consideration, no offence U/S. 20 (b)(ii)(C) of the NDPS Act is made out against the petitioner by taking into consideration the liability of the petitioner. It is further submitted that the petitioner is in custody since 31.12.2022 and in the meanwhile, more than six months has elapsed and charge sheet has already been submitted, but the Police has failed to report any criminal antecedent against the petitioner and thereby, the provision contained in Section 37 of the NDPS Act being not applicable, the petitioner may kindly be granted bail.

On the other hand, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the petitioner by resorting to Section 37 of the NDPS Act. Although the State was directed to obtain criminal antecedent of the petitioner by today, but criminal antecedent is yet to be obtained.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of recovery and seizure of Contraband articles in this case and regard being had to the pre-trial detention of the petitioner since 31.12.2022 and failure of the State to report any criminal antecedent against the petitioner till today, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on a Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody

The I.I.C., of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Violation of any of the condition would be construed as misuse of concession of bail granted to the petitioner by this Court today.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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