Panchanan Behera vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with T.R. Case No.28 of 2023 arising out of Dhama Excise Station, Sambalpur P.R. No.193 of 2022-23 pending in the file of learned Sessions-cum-Special Judge, Sambalpur, for commission of offences punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 30Kgs of Contraband Ganja along with two co-accused persons in a Renault Kwid car.

Heard Ms. J. Behera, learned counsel for the petitioner appearing virtually from Sambalpur and Mr. S.S. Pradhan, learned AGA in the matter and perused the record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of recovery of Contraband Ganja and regard being had to the pre-trial detention of the petitioner since 17.02.2023 and there being no criminal antecedent reported against the petitioner, this Court grants bail to the petitioner.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) only with two solvent sureties each 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 petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with,

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

It is, however, clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner 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 petitioner in future for 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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