Biswambar Sahu Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with P.R.Case No.86/2013-14 corresponding to Special Case No.84 of 2013, pending in the file of the learned Special Judge, Angul, registered under Section 20 (b) (ii) (C) of the NDPS Act.

The prayer for bail of the petitioner had been rejected on 16.01.2024 by the learned Special Judge, Angul considering the fact that N.B.W. has been issued against him on 26.03.2015 and he has been arrested almost eight years after N.B.W. was issued against him and the chances of his absconding from justice and further protraction of the disposal of the trial may not be ruled out.

The prosecution allegation in brief is that on 07.08.2013 at about 10.30 a.m. on receiving reliable information that the present petitioner had kept 110 Kgs of ganja in his bed room for business purpose, the Inspector of Excise of E.I. & E.B. (MD), Sambalpur reached the spot and seized the ganja and subsequently after investigation Final P.R. has been submitted against the petitioner showing him as absconder. As he could not be arrested, N.B.W. had been issued against him on 26.03.2015.

Mr.S.K.Dwibedi, learned counsel for the petitioner submits that the petitioner is an employee of the Patakmunda Branch Post Office, Bagedia and he was available in his village, Patakmunda all through and attending his work but he has not been arrested by the Excise Officer. He further submits that he was not aware about the registration of the case against him. He further submits that ganja has not been recovered from the custody of the petitioner and the house is not recorded in his name.

Mr.S.S.Pradhan, learned Addl. Government Advocate opposes the prayer for bail stating that commercial quantity of ganja has been recovered from the house occupied by the petitioner which stands recorded in the name of his father. As he has successfully avoided arrest for a period of eight years, if he is released on bail at this stage, the chances of his absconding cannot be ruled out.

The lower court match cases information supplied by the Registry indicates that CRLMC No.2467 of 2015 had been filed by the petitioner on 13.05.2015 and the same has been dismissed on 05.09.2022. So, the submission that the petitioner was not aware about registration of the P.S. case against him is not correct.

List this matter on 12.03.2024 to enable Mr.S.S.Pradhan, learned Addl. Government Advocate to obtain the case diary.

In the meanwhile, Registry is also directed to call for a report from the learned Special Judge, Angul regarding the status of the case/trial.

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