Basudev Meher vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of the Cr.P.C. has been filed in connection with Kantabanji P.S. case No. 27 of 2024 corresponding to G.R. Case No. 07 of 2024 pending in the Court of the learned Additional Sessions Judge-cum- Special Judge, Kantabanji, registered under Section 20(b)(ii)(B) of the NDPS Act on the allegation that the petitioner was in possession of 11.500 kgs. of ganja without valid documents.

The prayer for bail of the petitioner has been rejected on 20.01.2024 passed by learned Additional Sessions Judge-cum-Special Judge, Kantabanji.

The earlier BLAPL No. 10841 of 2023 filed by the petitioner had been dismissed on 22.11.2023, granting liberty to the petitioner to move for bail afresh after completion of the investigation.

The prosecution allegation in brief is that on 17.01.2024 at about 4.00 PM, the Kantabanji police team while performing Naka duty at Kukudahad Chowk, found petitioner coming in a white car from Bangomunda side at high speed. When they give signal to the driver to stop, instead of stopping, he accelerated the speed and tried to escape. So, the car was intercepted, and the driver was detained. On search, one plastic bag containing 11.500 kg of ganja was recovered from the dickey of the vehicle. As the petitioner could not produce any authority for possession of the said ganja, the ganja was seized, and he was arrested.

Mr. S. S. Joshi, learned Counsel for the petitioner submits that the petitioner has no criminal antecedents and 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. He further submits that the petitioner is willing to co-operate with the investigation.

Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that the ganja has recovered from the conscious possession of the petitioner, as investigation of the case is in progress and as the criminal antecedents of the petitioner have to be verified, he should not be released on bail.

Considering the quantity of ganja seized, the submission that the petitioner has no criminal antecedents, I am inclined to allow the prayer for bail of the petitioner.

The petitioner Basudev Meher shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, after verifying that he has no criminal antecedents under the NDPS Act, including the following conditions:

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

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

(iii) He will appear 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 of the Cr.P.C. on any particular day.

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.

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