B.Sai Kumar vs State Of Odisha

G. Satapathy, J

BLAPL NO.1430 OF 2023 & BLAPL NO.1301 OF 2023

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

Since both these bail applications arise out of one and same case record and the counsels appearing in both these cases being one, these two bail applications are heard together and disposed of by this common order with consent of the learned counsel for the parties.

Both these bail applications are U/S. 439 of Cr.P.C. by the petitioners for grant of bail in connection with Malkangiri M.V. 79 P.S. Case No.07 of 2023 corresponding to Special G.R. Case No. 22 of 2023 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offences punishable under Sections 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 33 Kgs and 400 Grams of Contraband Ganja along with other co-accused persons carrying 16Kgs and 200 Grams and 17Kgs. and 200 Grams of Contraband Ganja separately in two motor cycle.

In the course of hearing of the bail applications, Mr.R.L.Pattnaik, learned counsel for the Petitioners appearing in both these bail applications, submits that the present petitioners have been falsely implicated in this case and even if the materials on record are taken into consideration, no case U/S. 20(b)(ii)(C) of the NDPS Act is made out against any of the petitioners since the quantity of Contraband Ganja seized in this case separately from each of the petitioner to the tune of less than commercial quantity and the petitioners having detained in custody since 15.01.2023 with submission of charge sheet may kindly be granted bail.

On the other hand, Mr. S.R.Roul, learned ASC, however, strongly opposes the bail application of the petitioners by taking recourse to Section 37 of NDPS Act, but on being asked, the learned ASC fairly concedes that no criminal antecedent has been reported against any of the petitioners.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of implication of the present petitioners and regard being had to the alleged seizure of Contraband Ganja to the tune of less than commercial quantity individually from the petitioners riding in two separate motor cycle and taking into account the pretrial detention of the petitioners with submission of charge sheet and there being no criminal antecedent reported against any of the petitioners, this Court admits the petitioners to bail.

Hence, the bail application of the petitioners stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with.

(ii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

(iii) the petitioners shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of their release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners for any offence under NDPS Act involving commercial quantity of contraband article in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, both the bail applications stand disposed of.

Urgent certified copy of the order be granted on proper application..

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