Basanta Kanhar Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Thakurgarh P.S. Case No. 292 of 2023 corresponding to Special (NDPS) Case No. 20 of 2023 pending in the court of the learned Special Judge, Athamallik registered under Section 20 (b) (ii) (B)/ 25 of NDPS Act.

The prayer for bail of the petitioner has been rejected vide order dated 03.01.2024 passed by the learned Special Judge, Athamallik in Special (NDPS) Case No. 20 of 2023.

The prosecution allegation in brief against the petitioner is that on 19.12.2023 at 10 p.m. the S.I. of Police, Thakurgarh along with other staff was performing patrolling duty at Tapdhol area. On the next morning on 20.12.2023 at about 5.00 A.M. they found one Alto car bearing Registration No. OD-02-BE-0953 parked by the side of Badi Khela Tasela near Paikasahi. There was nobody there in the car. On verification of the car, some packets of different sizes wrapped in polythene were found in the dicky of the car from which smell of ganja was coming out. In presence of witnesses and the Executive Magistrate, the car was searched and 10 small packets containing ganja, total weight of which came to 9 kg. 665 grams excluding the polythene bags were recovered. The ganja along with the Alto car, its key and the documents in the car which included one xerox copy of RC in the name of Md. Ismile Sarif, three pages of insurance certificate in the name of the present petitioner, one original sale deed agreement in stamp paper regarding sale agreement between the petitioner and one Amarendra Patra, xerox PAN card of the present petitoner, xerox copy of the vehicle details and other documents were recovered from the car.

Mr. Zafarulla, learned counsel for the petitioner submits that the vehicle in question had been sold to one Amarendra Patra and the petitioner was no longer in possession of car. He has been forwarded on 24.12.2023 only because the copy of the insurance certificate was in his name. Nothing incriminating has been recovered from the exclusive and conscious possession of the petitioner. He further submits that in view of the quantity of ganja seized and as the petitioner does not have any criminal antecedents, the bar under Section 37 of the NDPS Act will not be attracted while considering his prayer for bail.

Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that these types of crime are increasing everyday and since the insurance certificate of the petitioner was found in the car, is to be presumed that he is the owner of the car and the ganja was being transported on his instructions. She further submits that investigation is still in progress.

Considering the nature of allegations against the petitioner, the quantity of ganja seized and the submission that the petitioner does not have any criminal antecedents, I am inclined to allow the prayer for bail.

The petitioner- Basanta Kanhar shall be released on bail on such terms and conditions as may be fixed by the learned Special Judge, Athamallik, after verifying that the petitioner does not have any criminal antecedents.

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 Ms. S. Mishra, learned Additional Standing Counsel for onward transmission to the IIC, Thakurgarh Police Station.

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