Benudhar Soura & Ors vs State Of Odisha

Dr. S.K. Panigrahi, J

This matter is taken up through a hybrid arrangement.

The Petitioners, being in custody in connection with Nabarangpur P.S. Case No.207 of 2024 corresponding to T.R. Case No.09 of 2024 pending in the court of learned Sessions Judge-cum-Special Judge, Nabarangpur for the offences under Sections 20(b)(ii)(C) of the NDPS Act, has filed this application for release on bail.

The brief fact of the case is that on 02.05.2024 while the informant along with other staffs were performing patrolling duty at Indrabati Naka Check post, they noticed three persons were going in a navy blue colour Scooty from Boriguma side and one of them was holding one plastic gunny bag in his lap. It is alleged that when the informant gave signal to stop the vehicle but the rider tried to fled in a high speed. The police staff chased them and apprehended all three persons. They disclosed their names as Benudhar Soura, Aman Khan and Hafiz Khan. On being searched the informant found 26 Kg. 140 grms of ganja from the Jarry Bag.

Learned counsel for the Petitioner submits that the Petitioners have no knowledge regarding transportation of contraband ‘ganja’. They have been falsely implicated in this case. The Petitioners are in custody since 02.05.2024. Hence, he submits that the Petitioners may be released on bail.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioners.

Without going into the merits of the case and considering the facts and submissions made, this Court is inclined to release the Petitioners on bail. Accordingly, it is directed that the court in seisin over the matter shall release the Petitioners on bail in the aforesaid case on stringent terms and conditions, with further conditions that:

i. Each of the Petitioners, after the onset of monsoon, shall plant 100 saplings of local varieties like mango, neem, tamarind etc., in and around their village on Government land/community land/private land, if it is in the possession of the Petitioners or their family members. In case of unavailability of land the Revenue Authority shall assist to indentify the land for plantation.

ii. the Petitioners shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M.

iii. the Petitioners shall not indulge themselves in any criminal offence while on bail; and

iv. the Petitioners shall not tamper the evidence of the prosecution witnesses in any manner.

Violation of any of the above conditions shall entail the cancellation of the bail.

The I.I.C. of the concerned Police Station, in coordination with the local Forest Officer, shall monitor whether the Petitioners have planted the saplings or not.

It is further made clear that the Petitioners shall file an affidavit after the plantation of the saplings before the local Police Station, assuring that they shall maintain those saplings for two years.

The District Nursery/D.F.O. shall extend a helping hand by supplying the saplings to the Petitioners.

The BLAPL is accordingly disposed of.

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