Baji Gamango Vs State Of Odisha

Savitri Ratho, J

Heard Mr. J. Sahoo, learned counsel for the petitioners and Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioners in connection with Mohana P.S. Case No. 207 of 2023 corresponding to G.R. Case No. 112 of 2023 pending in the Court of the learned Sessions Judge -cum- Special Judge, Gajapati at Paralakhemundi registered for commission of offence punishable under Sections 20(b)(ii)(C)/25/29 of NDPS Act.

The prayer for bail of the petitioners had been rejected vide order dated 03.01.2024 by the learned Sessions Judge -cum- Special Judge, Gajapati, at- Paralakhemundi.

The prosecution allegation in brief is that on 09.12.2023 at about 8.45 a.m. the Mohana Police intercepted a Honda Shine motor cycle bearing Registration No. OD-05-D-0024 at Atharanala bridge which has been driven by the petitioner no.1 Baji Gamango and petitioner no.2 Bhiki Nayak was the pillion rider. One jari bag containing ganja was recovered from the motor cycle and it was found to contain 22 kgs. 100 grams of ganja. As the petitioners could not produce any license or authority for possessing the ganja, they were arrested and the ganja was seized.

Mr. J. Sahoo, learned counsel for the petitioners submits that the petitioners are in custody since 09.12.2023 and they do not have similar criminal antecedents. He further submits that in view of the quantity of ganja seized, the possibility of mistake in weighment cannot be ruled out for which the bar under Section 37 of the NDPS Act will not be attracted for considering the prayer for bail.

Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that the case diary reveals that the investigation is still in progress and the instructions regarding criminal antecedents of the petitioners have not been received.

Considering the quantity of ganja seized, the submission regarding possibility of mistake in weighment and absence of criminal antecedents, I am inclined to allow the prayer for bail.

The petitioners- Baji Gamango and Bhiki Nayak 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 the learned Court verifies that the petitioners do not have any criminal antecedents under the NDPS Act, including the following conditions:

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

(ii) They will not threaten or try to influence prosecution witnesses while on bail.

(iii) They will cooperate with the investigation.

(iv) They will report before the Mohana Police Station every alternative Sunday between 2.00 P.M. to 4.00 P.M. till submission of chargesheet.

(v) They will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly disposed of.

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

A copy of this order be supplied to Mr. S.S. Mohapatra, learned Addl. Standing Counsel for onward transmission to the Mohana Police Station.

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