Mithun Pradhan And Another Vs State Of Odisha T

G. Satapathy, J

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

This is the 3rd bail application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with E.I. & E.B. Unit-1 Cuttack P.R. Case No.66 of 2021-22 arising out of 2(a)CC Case No.38 of 2021 pending in the file of learned 3rd Addl. District & Sessions Judge, Cuttack for commission of offences punishable under Section 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 54 Kgs. of Contraband Ganja in three jerry bags in a Hyundai Santor Car bearing Regd. No. OR-02-AW-7755.

Mr. Manas Kumar Swain, learned counsel for the petitioners by filing a memo submits that he is personally acquainted to the facts of the case and that no bail application of the petitioners is pending before any other forum. The memo be kept on record. Heard, Mr. M.K. Swain, learned counsel for the petitioners and Mr. S.R. Roul, learned ASC in the matter and perused the record.

It appears from the record that the petitioners are in custody since 09.07.2021, but in the meanwhile only one out of three witnesses has been examined till today and that too, the cross-examination of that witnesses has been deferred due to no instruction memo filed by the defence. However, the petition to recall the said witness by the defence was allowed, but before the said witness could be cross-examined, the Presiding Officer of the Court is lying vacant. The quantity of Contraband Ganja allegedly recovered from the possession of the petitioners in this case is 54 Kgs which is definitely coming under the commercial quantity and, therefore, ordinarily the compliance of Section 37 of the NDPS Act is attracted in this case, but there is no criminal antecedent reported against any of the petitioners.

This Court, however, by taking into consideration the aforesaid facts and long custody of the petitioners considers it proper at this stage to dispense with the insistence of the compliance of 37 of the NDPS Act by the accused persons-cum-petitioners, especially when the trial is yet to be concluded even after more than 2 years and 6 months of the custody of the petitioners.

In view of the aforesaid facts and circumstance and taking into consideration the material placed on record on the face of accusations leveled against the petitioners, this Court directs the release of the petitioners on bail.

Hence, the bail applications of the petitioners stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) each only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioners shall not commit any offence while on bail,

(ii) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law.

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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