AI Structured Summary
Not yet generated for this judgment
Judgment
Savitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Balianta P.S. Case No. 375 of 2023 corresponding to T.R. Case No. 560 of 2023 pending in the court of the learned District & Sessions Judge, Khurda at Bhubaneswar under Sections 20(b)(ii)(B) of the N.D.P.S. Act.
The prayer for bail of the petitioner has been rejected by a common order dated 08.11.2023 passed by the learned Special Judge, Khurda at Bhubaneswar in T.R. No. 560 of 2023 in respect of the petitioner and co-accused Kabuli @ Prasanna Routray and Gudu @ Ananta Bala.
The prosecution allegations in brief against the petitioner are that on 03.11.2023 afternoon, while the informant and his team were performing patrolling duty at Balianta Bazar, they received credible information regarding transportation of ganja in a passenger auto bearing Registration No. OD-02D-3668 from Nuagaon side, being escorted by an Apache motor cycle bearing Registration No. OD-02BM-0726. The informant and his team proceeded to the spot and detained the auto rickshaw as well as the motorcycle and during search, 9.630 kgs. of contraband ganja was seized from the auto rickshaw. As the petitioner and co-accused persons could not produce any authority for possession of the said ganja, the ganja was seized and they were arrested.
Mr. P.K. Mohanty, learned counsel for the petitioner submits that the petitioner is in custody since 04.11.2023 and he does not have any criminal antecedents. He further submits that in view of the quantity of ganj# szritgleSection 37 of the NDPS Act will not be a bar for considering his prayer foricai1rtL'c
Mr. SIS. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that investigation tig at a nascent stage and accused may not co-operate with the investigation or trial if he is released on bail. He further submits that these types of crimes are rising everyday and as investigation is in progress, the criminal antecedents of the petitioner are to be verified.
Considering the quantity of ganja seized and the submission that the petitioner does not have any criminal antecedents, I am inclined to allow the prayer for bail.
The petitioner- Jaladhar @ Jalandhar Swain shall 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 tamper or try to influence prosecution witnesses while on bail.
(iii) He will report before the IIC, Balianta Police Station, once every Monday between 3.00 p.m. to 5.00 p.m., till completion of investigation.
(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/ recall of this order.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
Copy of this order be supplied to Mr. S.S. Pradhan, learned Additional Government Advocate for onward transmission to the IIC, Balianta Police Station.
………………………………