Damu Pujari And Another vs State Of Odisha

G. Satapathy, J

BLAPL No. 2003 of 2023 and BLAPL No. 2020 of 2023

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

Since these two bail applications concerning Petitioners Damu Pujari, Mangala Gouda, Raghu Gouda and Butia Pangi arise out of one case record, the same are heard together and disposed of by this common order with the consent of the learned counsels for the parties.

These are bail applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Orkel P.S. Case No.121 of 2022 arising out of Spl. G.R. Case No.104 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Malkanagiri, for commission of offence punishable under Section 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting a huge consignment of Contraband Ganja to the tune of 638 Kgs. 400 Grams along with seventeen co-accused persons by carrying on two containers attached with a cudgel each on their shoulder (Bhara in odia).

In the course of hearing of the bail application Mr. P.K. Nanda, learned counsel for the petitioners submits that the petitioners were neither in exclusive possession of Contraband Ganja nor were they found with any Contraband Ganja, rather the petitioners were falsely implicated in this case by the Police. It is also submitted that even if the materials on record are taken into consideration, the petitioners being the mere labourers and transporting the Contraband Ganja of someone, would not make them liable for the offence and the petitioners being the innocent tribal persons had no knowledge about the intricacies of law and the petitioners having already detained in custody for more than a year and co-accused namely Dhanurjaya Behera @ Chingudu against whom, the main allegation of transporting the consignment of  Contraband Ganja is directed has already been granted bail by this Court in BLAPL No. 2929 of 2023 on the ground of his implication being on the basis of statement of co-accused and the petitioners, therefore, may kindly be granted bail.

On the other hand, Mr. S.R. Roul, learned ASC does not dispute about the manner of transportation of commercial quantity of Contraband Ganja by the petitioners and others, but he, however, strongly opposes the prayer for release of the petitioners on bail.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of the transportation of Contraband Ganja as alleged and regard being had to the pre-trial detention of the petitioners since 30.06.2022 and taking into account the status of the petitioners as labourers as submitted by the learned counsel for the petitioners and further taking into account the other circumstance on record in entirety including release of co-accused namely Dhanurjaya Behera @ Chingudu in BLAPL No. 2929 of 2023, this Court by taking a lenient view, grants bail to the petitioners.

Hence, the bail applications of the petitioners namely Damu Pujari, Mangala Gouda, Raghu Gouda and Butia Pangi stand allowed and these petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two local 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) these petitioners shall not commit any offence while on bail,

(ii) these petitioners shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with. In case these Petitioners fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law,

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

(iv) these petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of 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 in future for any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail in this case.

It is made clear that the Court in seisin of the case, while releasing the petitioner on bail may verify the residential proof of the sureties by taking the help of local police, if required to ascertain their proof of residence and such exercise must be completed within a reasonable period of not more than seven days of filing bail bonds.

Accordingly, both the BLAPLs stand disposed of.

Issue urgent certified copy of the order as per Rules.

………………………………..