Narayan Sahu vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through hybrid mode.

Heard learned counsel appearing for the Petitioner 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 Petitioner for regular bail in connection with Tangi P.S. Case No.845/2023, corresponding to T.R. Case No. 127 of 2023, pending in the Court of learned 1st Addl. Sessions Judge-cum-Spl. Judge, Under N.D.P.S. Act, Khurda for alleged commission of offence punishable under Sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 18.12.2023. He further contended that while the six accused persons including the present petitioner were travelling in the car, on 18.12.2023 the police raid party stopped the vehicle and on search of the vehicle they found contraband ganja kept in two polythene bags, one bag containing 25Kg 200 grams and other 27 Kg 400 grams. Therefore, the total quantity of 52 kg 600 grams were recovered from the vehicle. Learned counsel for the petitioner further submitted that since there were six occupants of the vehicle from which the alleged contraband article was seized, no single one of them could have been attributed to having possession of the entire quantity of the said contraband article. So far as the present petitioner is concerned, it is submitted that petitioner was innocent and travelling in the car without any knowledge about the contraband article kept in the vehicle. He further contended that the petitioner does not have any similar criminal antecedents. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner shall undertake to abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, this Court observes that six persons were detained while travelling in the car, and in the said vehicle two bags of contraband ganja were recovered. However, it has not been specifically stated from whose possession the said contraband ganja has been recovered. Since at this stage no specific and exclusive knowledge or possession can be attributed to the present petitioner, the bar under Section 37 would not be attracted to the facts of the present case. Further, keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner does not have any similar criminal antecedents, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees forty thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter.

Release of the petitioner shall also be subject to any other terms and conditions as may be deemed just and proper by the Court in seisin over the matter. Violation of any of the aforesaid terms and conditions shall entail cancellation of the bail.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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