Himansu Behera Vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with 2(a) C.C. No.84 of 2023 (N) pending on the file of learned Sessions Judge-cum-Special Judge, Berhampur, Dist-Ganjam, arising out of Berhampur P.R. No.96 of 2023-24 for commission of offence alleged under Sections 20(b)(ii)(C) of the NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum-Sessions Judge, Ganjam, Berhampur by order dated 24.11.2023 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e. BLAPL No.7053 of 2023 was rejected by this court by order dated 05.07.2023 since the same was during the currency of investigation.

It is submitted by the learned counsel that the Petitioner is in custody since 29.05.2023 on the accusation of being involved in transportation of contraband (ganja) to the tune of 50 kgs.

It is further submitted that since final P.R. has already been submitted on 17.11.2023 which is on record, Petitioner may be released on bail.

It is stated that that the Petitioner was the driver and was driving the vehicle and had no inkling that the same was carrying contraband.

Such submission is refuted by the learned counsel for the State referring to the statement of the owner of the vehicle, Soubhagya Ku. Sahoo stating that the Petitioner wanted to take his vehicle to go to Bhubaneswar for health checkup and he misused the trust and involved himself in this offence.

It is stated at the Bar that the Petitioner is the first offender.

Considering the same and keeping in view the dictum of the Apex Court in the case of Mohd. Muslim alias Hussain vs. State (NCT of Delhi) reported in AIR 2023 SC 1648, while being conscious of the bar under Section 37(1)(b)(ii) of the NDPS Act, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

Accordingly, the BLAPL stands disposed of.

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

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