Debendra Kumar Dash vs State Of Odisha

Savitri Ratho, J

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Mancheswar P.S. Case No. 414 of 2023 corresponding to T.R. Case No. 505 of 2023 pending in the Court of the learned District and Sessions Judge, Khordha, At-Bhubaneswar registered for commission of offence punishable under Section 20(b)(ii)(C)/29 of the NDPS Act.

The petitioner and other co-accused person namely Racky Nayak had moved separate applications for bail before the Court of learned Special Judge (K) at Bhubaneswar and the same was taken up together and was rejected on 17.10.2023.

The prosecution allegation in brief is that on 30.09.2023 at 3.20 p.m. the petitioner along with four others were apprehended by the I.I.C., Mancheswar Police Station while they were coming in a Maruti X4 bearing registration no. OR-02-BM-1769 and on search 30 kgs. of ganja kept in two separate packets each weighing 15 kgs. were recovered from the dickey of the car. As they could not produce any authorization in support of their possession, the Ganja was seized and the accused persons were arrested.

Mr.S.S.Das, learned counsel for the petitioner submits that the petitioner is in custody since 30.09.2023 and two other accused persons have been released on bail by the order passed by this Court in BLAPL No.12067 of 2023 (petitioner-Ujwal Kumar Nayak) and BLAPL No.12154 of 2023 (petitioner-Basanta Kumar Singhdev). He further submits that the petitioner does not have any criminal antecedents and mistake in weighment cannot be ruled.

Mr. S.S.Pradhan, learned Addl. Government Advocate for the State opposes the prayer for bail stating that the petitioner was one of the occupants of the car from the dickey of which, the ganja has been seized and he may commit similar offence if he is released on bail.

Considering the nature of allegations against the petitioner and the submission that the petitioner has no criminal antecedents and possibility of mistake in weighment, I am inclined to allow the prayer for bail.

Let the petitioner- Debendra Kumar Dash be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter after verification of his criminal antecedents, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses while on bail.

(iii) After his release he will co-operate with the investigation and he will report before the Mancheswar Police Station once in a week on every Wednesday between 3.00 p.m. to 5.00 p.m. till completion of investigation and thereafter on the first Sunday of each Month between 3.00 p.m. to 5.00 p.m. till completion of trial.

(iv) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly allowed.

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

A copy of this order be supplied to Mr.S.S.Pradhan, learned Addl. Govt. Advocate for onward transmission to the I.I.C., Mancheswar Police Station.

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