Ananta Bala @ Gudu vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Balianta P.S. Case No. 375 of 2023 corresponding to T.R. Case No. 560 of 2023 pending in the court of the learned District & Sessions Judge, Khurda at Bhubaneswar under Sections 20(b)(ii)(B) of the N.D.P.S. Act.

The prayer for bail  of the petitioner has been rejected by a common order dated 08.11.2023 passed by the learned Special Judge, Khurda at Bhubaneswar in T.R. No. 560 of 2023  in respect of the petitioner and co-accused Kabuli @ Prasanna Routray and Jaladhar @ Jalandhar Swain.

The prosecution allegations in brief against the petitioner are that on  03.11.2023  afternoon,  while  the  informant  and  his  team  were performing patrolling duty at Balianta Bazar, they received credible information  regarding  transportation  of ganja  in  a  passenger  auto bearing  Registration No.  OD-02D-3668  from Nuagaon  side,  being escorted by  an  Apache motor cycle bearing  Registration No.  OD-02BM-0726.   The informant and his team proceeded to the spot and detained the auto rickshaw as well as the motorcycle and during search, 9.630 kgs. of contraband ganja was seized from the auto rickshaw.  As the petitioner and co-accused persons could not produce any authority for possession of the said ganja, the ganja was seized and they were arrested.

Mr. Somanath Mitra, learned counsel for the petitioner submits that the petitioner is aged about 22 years  and  is in custody since 04.11.2023 and he does not have any criminal antecedents.  The ganja has not been seized from his conscious possession as he was not an occupant of the auto rickshaw. He further submits that the affidavit has been filed the mother of the petitioner where she has stated that the petitioner has passed Class-X in the year, 2017 and +2 in the year, 2019 and  due  to  financial  crisis  he  has  not been  able  to  continue  his education. In order to earn his living, the petitioner is imparting tuition to school students. He also submits that in view of the quantity of ganja seized, Section 37 of the NDPS Act will not be a bar for considering his prayer for bail.

Mr.  S.S.  Pradhan,  learned  Additional  Government  Advocate opposes the prayer for bail stating that investigation is at a nascent stage and accused may not co-operate with the investigation or trial if he is released on bail.  He further submits that these types of crimes are rising  everyday   and  as  investigation  is  in  progress,  the  criminal antecedents of the petitioner are to be verified.

Considering the age of the petitioner,  as ganja has not been seized from his  conscious  possession  and  the  submission  that  the petitioner does not have any criminal antecedents, I am inclined to allow the prayer for bail.

The petitioner- Ananta Bala @ Gudu 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 of his criminal antecedents, including the fo1low0g conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He   will  not  tamper  or  try  to  influence  prosecution witnesses while on bail.

(iii) He will report before the IIC, Balianta Police Station, once every Monday between 3.00 p.m. to 5.00 p.m., till completion of investigation.

(iv) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day.

Violation of any condition will entail in cancellation of bail/ recall of this order.

The BLAPL is accordingly disposed of.

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

Copy of this order be supplied to Mr.  S.S. Pradhan, learned Additional Government Advocate for onward transmission to the TIC, Balianta Police Station.

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