Mohit Mishra vs State Of Orissa

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with T.R. Case No.65/19 of 2023 pending on the file of learned Addl. Sessions Judge-cum-Judge (Special Court), Sambalpur, arising out of GRPS Case No.33 of 2023 for commission of alleged offence under Section 20(b)(ii)C of the NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Judge, (Special Court), Sambalpur by order dated 02.01.2024 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e. BLAPL No.7805 of 2023 was disposed of by this Court by order dated 30.08.2023.

It is stated that the Petitioner is in custody since 23.04.2023 on the allegation that he along with co-accused were involved in the transportation of contraband (ganja) to the tune of 20 kgs 400 grams.

It is submitted that since charge sheet has already been filed on 19.06.2023, Petitioner may be released on bail.

Learned counsel for the Petitioner draws the attention of this Court to the recitals in the FIR. For convenience of ready reference the same is extracted hereunder;

“xxx xxx xxx

A.Net weight Ganja 15.900 KGs recovered from Arjun (Gross weight 16.255 Kg including white colour poly bag). B.Net weight Ganja 4.500 KGs recovered from Mohit Mishra (Gross Weight 4.700 Kg including its silver colour poly bag).

xxx xxx xxx”

And, referring to the same, it is submitted that admittedly the seizure from the Petitioner is to the tune of 4 kg 700 grams. Hence, Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail and submits that at this stage it is not possible to segregate the quantity as prayed for and since the quantity is 20 kg 400 grams, the bar contained in Section 37(1)(b)(ii) of the NDPS Act is attracted in the case at hand. In this context he relies on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024.

It is further submitted that since admittedly the Petitioner has four criminal antecedents, as stated in the affidavit which is on record indicating one under the NDPS Act, his bail application is liable to be rejected in view of the Section 37(1)(b)(ii) of the NDPS Act and that he is also a flight risk.

On perusal of the FIR, as noted above, the allegations against the present petitioner is that he is in conscious and exclusive possession of contraband (ganja) to the tune of 4 kg 700 grams.

Taking note of the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

Keeping in view the criminal proclivity of the Petitioner, it is directed that Petitioner shall appear before the jurisdictional police station once every two months on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner from his parent police station i.e. P.S.- Manikpur, dist-Gonda, State-Uttar Pradesh. If it comes to fore that the Petitioner has any other criminal antecedent than the four, as indicated in the affidavit, this order shall not be given effect to.

The copy of the affidavit filed before this Court shall be submitted before the learned Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

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