Jagannath Parida vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Damanjodi P.S.Case No.69 of 2024 corresponding to T.R.No.69 of 2024 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Koraput for alleged commission of offence under Sections 20(b)(ii)B of the N.D.P.S.Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 07.06.2024. It is further submitted by the learned counsel for the Petitioner that the quantity of contraband ganja seized from the Petitioner is 3 kg. 200 grams, which is less than commercial quantity. As such, bar under section 37 of the Act is not attracted to the present case. It is also submitted by the learned counsel for the Petitioner that the Petitioner has one criminal antecedent involving less than the commercial quantity of contraband article of the year 2018. He also contended that since the Petitioner belongs to the locality, there is no chance of his absconding. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the prayer for release of the Petitioner on bail on the ground that the investigation is on. He also contended that the allegations made against the Petitioner is serious in nature. He further submitted that the cases of illegal transportation of contraband article are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons, who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioners be rejected at this juncture.

Having heard learned counsels for the respective parties, on careful consideration of the surrounding circumstances of the case and the materials on record. and the fact that less than commercial quantity of contraband ganja has been recovered from the possession of the Petitioner as well as the Petitioner is having one criminal antecedent involving less than the commercial quantity of contraband article of the year 2018, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall be subject to such terms and conditions that would be imposed by the learned court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

Additionally, the Petitioner is directed to furnish a cash security of Rs.3,000/-(Rupees three thousand) before the learned court in seisin over the matter, which shall be kept in any Nationalised Bank in interest bearing Fixed deposit account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

It is further directed that the bail granted to the Petitioners is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having more than one criminal antecedent of similar nature, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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