Nirmalya Digal Vs State Of Orissa

Savitri Ratho, J

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Bhanjanagar Excise Range P.R. No. 60 of 2023-24 corresponding to 2 (a) C.C. Case No. 32 of 2023 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar, District-Ganjam under NDPS Act, registered under Section 20 (b) (ii) (B) of the NDPS Act.

The prayer for bail of the petitioner has been rejected vide order dated 26.12.2023 passed by the learned Special Judge, Bhanjanagar in 2 (a) C.C. Case No. 32 of 2023.

The prosecution allegation in brief against the petitioner is that on 23.11.2023 at about 5.00 P.M., while the Inspector of Excise, Bhanjanagar Range along with his staff were performing patrolling duty at village Durgaprasad area under Bhanjanagar Police Station, they noticed the petitioner standing there with a green colour jari basta. On suspicion, they detained her and on search, 14 Kgs of ganja was recovered from her exclusive and conscious possession. As she could not produce any authority for possession of the said ganja, the ganja was seized and she was arrested.

Mr. Santosh Kumar Mahanty, learned counsel for the petitioner submits that the petitioner is a woman and is in custody since 23.11.2023 and she has no criminal antecedents. He further submits that investigation has substantially progressed and as Section 37 of the NDPS Act will not be a bar for consideration of her prayer for bail, her prayer for bail may be sympathetically considered.

Mr. S.S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that investigation is in progress and the criminal antecedents of the petitioner are to be verified. He further submits that as the petitioner is a resident of Kandhamal, she may not co-operate with the trial if she is released on bail.

Considering the quantity of ganja seized from the petitioner and the submission that the petitioner does not have any criminal antecedents, I am inclined to allow the prayer for bail.

The petitioner- Nirmalya Digal shall be released on bail on such terms and conditions as may be fixed by the learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar, District-Ganjam in seisin over the matter, after verifying that she does not have any criminal antecedents.

The BLAPL is accordingly disposed of.

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

A copy of this order be supplied to Mr. S.S. Mohapatra, learned Additional Standing Counsel for onward transmission to the IIC/ I.O.

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