Akash Mallick & Anr vs State Of Odisha

Dr. S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

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

The Petitioner being in custody in connection with P.R. No.16 of 2024-25 corresponding to 2(a) C.C. No.05/2024(N) pending in the court of the learned Additional Sessions Judge-cum-Special Judge, Khallikote, Dist.-Ganjam, registered for the alleged commission of offence under Sections 20(b)(ii)(B) of the N.D.P.S. Act, have filed this petition for their release on bail.

The case of the prosecution in brevity is that during the patrolling duty conducted near Khallikote Bus Stand on 22.04.2024, the Sub-Inspector of Excise, Striking Force, Chhatraput along with his team seized 18 Kgs. of contraband Ganja from the exclusive possession of the present Petitioners. Thereafter, they were taken into the custody.

At this juncture, learned counsel for the Petitioners submits that the Petitioners have been falsely implicated in this case. They have been languishing in custody since 22.04.2024. He further contends that the Petitioners have no criminal antecedents and they have been suffering without making any fault. He, accordingly, prays that the Petitioners may be released on bail.

Learned counsel for the State vehemently opposes the bailprayer of the Petitioners.

Without  going  into  the  merits  of  the  case  and considering the submissions made by the learned counsel for the parties, this Court directs the court in seisin over the matter to release the Petitioners on bail in the aforesaid case on some stringent terms and conditions with further conditions that:

I. each of the Petitioners after the onset of monsoon, shall plant 50 saplings of local variety like mango, neem, tamarind etc. around his village over the Government land/community land/private land, if it is in the possession of the Petitioners or their family members.

II. the Petitioners shall appear before the court in seisin over the matter on each date of posting of the case till completion of trial;

III. the Petitioners shall not indulge themselves in any criminal activities in future;

IV. the Petitioners shall not tamper the evidence of the prosecution witnesses in any manner;

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

It is also directed that if any criminal antecedents of the Petitioners are found later, the bail granted by this Court shall automatically be cancelled.

The I.I.C of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the  Petitioners have planted the saplings or not.

It is further made clear that the Petitioners shall file a joint affidavit after plantation of the saplings before the local Police Station assuring that they will maintain those saplings for two years.

The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioners.

The BLAPL is, accordingly, disposed of.

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