Dinesh Kumar Singh vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Bidanasi P.S. Case No.265 of 2023 corresponding to G.R. (Special) Case No.28 of 2023, pending in the file of the learned Sessions Judge-cum-Special Judge, Cuttack under Section 20 (b) (ii) B of the N.D.P.S. Act.

The prosecution allegation in brief is that on 13.10.2023 at 8.15 a.m. on receiving reliable information regarding sale of ganja, the petitioner and co-accused-Sunil Sahoo were apprehended by the Sub-Inspector of Police, Bidanasi Police Station for illegal possession and transportation of 10 Kgs of ganja. As they could not produce any authorization for such possession/transportation, the ganja was seized and the petitioner was arrested.

Mr.S.Hota, learned counsel for the petitioner submits that false allegations have been made against the petitioner as he alongwith one Sunil Sahoo was travelling in a Yamaha FZ motorcycle bearing Registration No.OD-05-V-8974. He further submits that the petitioner is in custody since 13.10.2023 and major part of the investigation is over. His further submission is that besides one antecedent which is a case under Section 20 (b) (ii) B of the NDPS Act of the year 2019 in which he has been granted bail, the petitioner does not have any criminal antecedent.

Mr. D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail stating that investigation is in progress and if the petitioner is released on bail, he is likely to commit similar offence.

Considering the nature of allegations against the petitioner and as the only antecedent is of the year 2019, the quantity of ganja seized, I am inclined to allow the prayer for bail.

Let the petitioner-Dinesh Kumar Singh be released on bail by the learned Court below in seisin over the matter, after verifying that he has no criminal antecedents other than the case under Section 20 (b) (ii) B of the NDPS Act of the year 2019, on such terms and conditions as may be deemed fit and proper, including the following conditions.

(i) He will report before the IIC, Bidanasi Police Station every Monday between 4.00 p.m. to 6.00 p.m. till completion of investigation.

(ii) He will not indulge in any criminal activity.

Violation of any condition will entail in automatic cancellation of bail.

The BLAPL is accordingly allowed.

Urgent certified copy of this order be granted as per rules.

A free copy of this order be handed over to Mr.D.K.Mishra, learned Addl. Government Advocate for onward transmission to the IIC, Bidanasi Police Station for compliance and follow up action.

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