Narendra Badanayak vs State Of Odisha

S.K. Sahoo, J

1.  This matter is taken up by video conferencing mode.

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

This is an application under section 439 of Cr.P.C. in connection with Jeypore Sadar P.S. Case No.222 of 2020 corresponding to T.R. Case No.82

of 2020 pending in the file of learned Sessions Judge -cum- Special Judge, Koraput for alleged commission of offences under sections 20(b)(ii)(C)/29

of the N.D.P.S. Act and section 389/34 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned Special Judge, Koraput, Jeypore vide order dated 12. 11.2020.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 11.11.2020 and it appears from the materials available on

record that two persons, namely, Sonu Kumar and Rama Murty Kirsan were carrying commercial quantity of ganja in a black colour Honda City Car

and the petitioner along with three other co-accused persons stopped them on the way near a bridge on 11.11.2020 around 11.30 a.m. coming in two

motorcycles and gave their identity as police staff and took the aforesaid Sonu Kumar and Rama Murty Kirsan to a jungle area and demanded

Rs.3,00,000/- (rupees three lakhs) from them otherwise they would handover them to police. On getting such information, the S.I. of Police, Jeypore

Sadar police station along with other police staff arrived at the scene of occurrence and seized the contraband ganja, the car and other incriminating

articles. Learned counsel for the petitioner contended that though the case has been registered under sections 20(b)(ii)(C)/29 of the N.D.P.S. Act and

section 389 and 34 of the Indian Penal Code but the offence under sections 20(b)(ii)(C)/29 of the N.D.P.S. Act would not be attracted against the

petitioner as they were not carrying any contraband ganja and the nature of accusation may at best attract the ingredients of offence under section

389/34 of the Indian Penal Code. It is further contended that the petitioner is serving in the police department in Koraput district and since the bar

under section 37 of the N.D.P.S. Act is not applicable against the petitioner in view of the nature of accusation and there is no criminal antecedents

against the petitioner and he is a local man of village Ghagadapandi under Nandapur police station in the district of Koraput, the bail application of the

petitioner may be favourably considered.

Learned counsel for the State has produced the case diary and fairly submitted that, it is the co-accused persons Sonu Kumar and Rama Murty

Kirsan who were carrying the contraband ganja in the car and the petitioner has not committed any offence under the N.D.P.S. Act. She further

submitted that the case diary does not reveal any criminal antecedents against the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since in view of

factual scenario, prima facie the ingredients of offence under section 20(b)(ii)(C) of the N.D.P.S. Act are not attracted against the petitioner and

keeping in view the absence of bar under section 37 of the N.D.P.S Act so far as the petitioner is concerned and taking into account the period of

detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent

sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may

deem just and proper.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March 2020 as modified by Court’s Notice No.4798 dated 15th April 2021.