Arjun Sisa vs State Of Orissa

V. Narasingh, J

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

The petitioner is an accused in Special G.R. Case No.45 of 2022, pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrakonda P.S. Case No.33 of 2022, for alleged commission of offence under Sections 20(b)(ii)(C) & 25 of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 15.12.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner was the rider of a Honda motor cycle bearing registration No.OD-10-P-7682 which was admittedly carrying contraband to the tune of 50Kgs 200gms (Ganja).

The accusation against the petitioner is that he along with the co-accused are admittedly involved in the transportation of contraband to the tune of 352Kgs 800gms.

It is submitted with vehemence by the learned counsel for the petitioner and referring to the seizure list which is on record that the seizure from the bike which was being driven by the petitioner is to the tune of 50Kgs 200gms and he cannot be made liable for the entire seizure.

It is stated by the learned counsel that conscious and exclusive possession of the entire contraband save and except 50Kgs 200gms cannot be attributed to the petitioner.

Per contra, learned counsel for the State submits that the manner in which both the vehicles were going in tandem the submission that the petitioner is not responsible for the entire contraband is fallacious and in view of the bar contained under Section 37(1)(b)(ii) of NDPS Act, the petitioner ought not be released on bail.

It is further submitted by the learned counsel for the petitioner that the petitioner is the first offender and in the case at hand the trial has not gone beyond the stage of framing of charge. Hence, keeping in view the nature of allegation, further continuance of the petitioner in custody is unwarranted.

Taking into account that the petitioner is aged about 21years and that trial is lingering, this Court directs the petitioner to be released on bail on terms to be fixed by the learned Court in seisin.

Before releasing the petitioner on bail, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to fore that the petitioner has any criminal antecedent, this order shall stand recalled.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

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