Baida Bag vs State Of Odisha

Savitri Ratho, J

Heard Mr. M.K. Panda, learned counsel for the petitioner and Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Excise Station, Khariar P.R. Case No. 86 of 2023 corresponding to S.A. Case No. 50 of 2023 pending in the Court of the learned District and Sessions Judge -cum- Special Judge, Nuapada registered for commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act.

The petitioner had moved an application for bail before the Court of learned Special Judge, Nuapada which was rejected on 10. 10.2023.

The prosecution allegation in brief is that on 17.08.2023, when the OIC of Excise Khariar Station was on patrolling duty he apprehended the petitioner at Badadohel Chhack on SH-16 as he was in possession of 20 kgs. 500 grams of ganja. As he could not produce any license or authority for possessing the same, he was arrested and the ganja was seized.

Mr. M.K. Panda, learned counsel for the petitioner submits that the petitioner is in custody since 17.08.2023 and has no criminal antecedents. He further submits that the false allegation has been made against the petitioner when he was standing in the side of the road and that the possibility of wrong weighment of the ganja cannot be ruled out for which the bar under Section 37 of the NDPS Act will not be attracted. He further submits that the petitioner will co-operate with the investigation.

Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State opposes the prayer for bail stating that the petitioner is likely to commit similar offence if released on bail.

Considering the respective submissions, the quantity of ganja seized, possibility of mistake in weighment cannot be ruled out for which the bar under Section 37 of the NDPS Act will not be attracted, period of detention of the petitioner in judicial custody and the submission that the petitioner does not have any criminal antecedent, I am inclined to allow the prayer for bail.

Let the petitioner- Baida Bag 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 following conditions:

(i) He will not commit any offence.

(ii) He will not threaten or try to influence prosecution witnesses.

(iii) After his release he will co-operate with the investigation and he report before the I.O. once a week on every Wednesday between 11.00 a.m. to 1.00 p.m. till completion of investigation.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly allowed.

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

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