Dev Mandi vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with machhakund P.S. Case No. 089 of 2022 corresponding to T.R. Case No. 86 of 2022 pending in the file of learned Additional Sessions Judge-cum-Special Court, Koraput for commission of offences punishable Under Sections 20(b)(ii)(C)/29 of the NDPS Act, on the allegation of unlawfully possessing 125 Kgs and 800 Grams of Contraband Ganja in his temporary house at Village Sana Sagar.

In the course of hearing of the bail application, Mr. J.Khansama, learned counsel for the Petitioner very emphatically submits by referring to annexure-3 which is a photo copy of Register of new Shiva Lodge along with copy of money receipt that on the relevant day of occurrence, the Petitioner was never apprehended from the spot, rather he was taken from the new Shiva Lodge situated at a distance of 60Kms from the place of raid and, thereby, the allegation against the Petitioner for possessing Contraband Ganja in his temporary house was false and motivated one. It is further submitted by him that the said Contraband Ganja was stored by one Dama Runguda as per the interrogation of the Petitioner made by the IO and the Petitioner having already detained in custody without any fault may kindly be granted bail.

On the other hand, Mrs. S.R. Sahoo, learned ASC, however, strongly opposes the bail application of the Petitioner by taking this Court through the seizure list and recovery of such a huge quantity of Contraband Ganja from the house of the Petitioner.

At the outset, it needs to be mentioned here that this Court cannot appreciate the documents produced by the Petitioner to conclude that he was not really present at the spot and was staying in new Shiva Lodge at the relevant time because only photo copy of one page of Register and a photo copy of money receipt have been filed which can be obtained by any one, unless the Investigating Agency directs itself to investigate such claim. Besides, it is also not known from the arrest memo or any other document prepared by the IO that the Petitioner had made such claim before him at the time of detection of the case. On the other hand, a careful perusal of materials placed on record would go to indicate the recovery and detection of 125Kgs and 800 Grams of Contraband Ganja from the temporary house of the Petitioner and the Petitioner has failed to satisfy the conditions as contained in Section 37 of NDPS Act for grant of bail to him.

In view of the above facts and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the mode and manner of implication of the Petitioner and taking into account the other circumstance on record in entirety, this Court is not inclined to grant bail to the Petitioner at this stage.

Hence, the bail application of the petitioner stands rejected. At the request of learned counsel for the Petitioner, this Court directs for expeditious disposal of the case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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