Karan Chouhan Vs State Of Orissa

Savitri Ratho, J

Heard Mr. S.K. Sahu, learned counsel for the petitioners and Ms. S. Mishra, learned Addl. Standing Counsel for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioners in connection with Sambalpur Sadar P.S. Case No. 242 of 2023 corresponding to T.R. Case No. 141 of 2023 pending in the Court of the learned Sessions Judge -cum- Judge (Special Court), Sambalpur registered for commission of offence punishable under Section 20(b)(ii)(C)/29 of NDPS Act.

The prayer for bail of the petitioners had been rejected vide order dated 29.09.2023 by the learned Sessions Judge -cum- Judge (Special Court), Sambalpur.

The prosecution allegation as narrated in the FIR in brief is that on 04.09.2023 at 8.11. a.m., while the S.I. of Police, Sambalpur Sadar P.S. alongwith his staff were performing patrol on basis of reliable information regarding transportation of contraband ganja, they stopped Silver Colour Wagon R Car bearing Regd. No.JH-01-G-1050 coming from Dhama side and one red colour FZ motorcycle bearing registration No.OD-12-A4996 which was escorting the car. At about 12.50 p.,m. he along with witnesses and staff arrived near the Kalyan Mandap of Rasanpur. They stopped the motorcycle and car. One white color plastic gunny bag was recovered from the dickey of the said car. It was found to contain 21 Kgs 500 grams of ganja. As the present petitioners who are occupants of the car could not supply any documents in support of transportation of the said ganja, the ganja was seized and they were arrested.

Mr. S.K. Sahu, learned counsel for the petitioners submits that the petitioners are in custody since 04.09.2023 and have no criminal antecedents. In view of the quantity of ganja seized and the circumstances of the seizure, the possibility of wrong weighment of the ganja cannot be ruled out for which the bar under Section 37 of the NDPS Act will not be attracted. The petitioners will co-operate with the investigation if released on bail. As co-accused Iswar Digal who was riding the motor cycle has been granted bail by order dated 06.10.2023 passed in BLAPL No. 10783 of 2023, the prayer for bail of the petitioners may be allowed.

Ms. S. Mishra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that as the petitioners are residents of Chhattisgarh and investigation of the case has not been completed, it will be difficult to secure their presence during investigation and during trial.

Considering the respective submissions, the quantity of ganja seized, the submission regarding possibility of mistake in weighment and the submission that the petitioners do not have any criminal antecedents, I am inclined to allow the prayer for bail.

The petitioners- Karan Chouhan, Anil Saisidar and Sanmeswar Ramchouhan 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 the learned Court verifies that the petitioners do not have any antecedents in Odisha and Chhattisgarh, including the following conditions:

(i) They will not indulge in any criminal activity while on bail.

(ii) They will not threaten or try to influence prosecution witnesses while on bail.

(iii) They will cooperate with the investigation.

(iv) They shall furnish cash surety of Rs.7,500/- each.

(v) They will furnish their mobile number, copy of their Aadhaar Card and permanent address in Chhattisgarh to the Court, and which shall be verified by the I.O./I.I.C. of Sambalpur Sadar Police Station before they are released on bail.

(vi) They will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.

(vii) They shall not leave District- Sambalpur without prior permission of the learned trial Court after the trial starts.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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