Jit @ Jita Mahananda vs State Of Orissa

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with G.R. Case No.17 of 2024, arising out of Titlagarh P.S. Case No.149 of 2024, pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Titlagarh, for alleged commission of offence punishable under Section 20(b)(ii)(B) of N.D.P.S. Act, 1985.

It is submitted by the learned counsel for the Petitioners that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioners are in custody since 04.04.2024. He further submitted that as per F.I.R. allegation, a total quantity of 8 Kgs. 920 Grams of contraband Ganja was recovered from the possession of the Petitioners. He further contended that since the seized contraband Ganja is less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. It is also contended that the Petitioners do not have any similar criminal antecedent. On such ground, learned counsel for the Petitioner submitted that the Petitioners be released on bail on any terms and conditions which they shall abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioners on bail on the ground that allegations made against the Petitioners are serious in nature. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. However, the release of the Petitioners at this stage would create hindrance for early conclusion of the trial. Therefore, he submitted that the prayer for bail of the Petitioners be rejected at this juncture.

Considering the submissions made by the learned counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances involved in the present bail application and further taking into consideration the quantity of contraband Ganja, the bar under Section 37 of the N.D.P.S. Act would not be attracted, this Court is inclined to release the Petitioners on bail.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) each with one local solvent surety for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioners shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter.

It is further directed that the bail granted to the Petitioners is subject to the condition that the court below shall verify whether the Petitioners have any criminal antecedent of similar nature. In the event it is found that the Petitioners have any criminal antecedent of similar nature, then 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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