Bhuban Kanhar vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No. 5 of 2023 (N), arising out of Kabisurjya Nagar P.S. Case No.757 of 2023, pending in the Court of learned Special Judge-cum-Additional Sessions Judge, Kodala, Ganjam for alleged commission of offence punishable under Sections 20(b)(ii)(B) of the N.D.P.S. Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 02.02.2024. It is also contended by the learned counsel for the Petitioner that keeping in view the quantity of ganja seized, i.e., 11 kgs 590 gms, which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner do not have any similar criminal antecedent. It is further submitted that the alleged contraband articles were not recovered from the exclusive and concessive possession of the Petitioner and he has been falsely implicated on the statement of the co-accused person. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Government Advocate submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner do not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the Court in seisin over the matter.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent involving the offence under NDPS Act, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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