Prabin Kumar Dehury vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents as well as statement of the witnesses.

This is an application under Section 439 of the Criminal Procedure Code.

The petitioner is an accused in C.T. (Special) NDPS Case No.17 of 2022 arising out of P.R. Case No.330 of 2022 pending in the court of learned Judge, Special Court, Dhenkanal for commission of offence punishable under Section 21(b) of the N.D.P.S. Act.

The prosecution case, in a nutshell, is that on the basis of F.I.R. filed by the Inspector of Excise along with his staff of E.I. and E.B., Unit-1 Cuttack while conducting patrolling duty at Dhenkanal College Chhak, Barapada road area at about 10.50 A.M. at ITI Chhak, the Excise Squad saw two persons trying to run away from the spot in different direction after seeing them. Inspector of Excise along with his staff tried to detain them to know the matter. The Excise squad, obstructed the petitioner near ITI Chhak. Thereafter, the petitioner was searched in presence of the available witneses after observing all formalities of search and Excise Inspector recovered 92 grams of Heroin (Diacetyle Morphene) from the present petitioner from the conscious and exclusive possession of the petitioner. Hence, drew this case.

It is submitted by learned counsel for the petitioner that the petitioner is a young boy aged about 21 years old and he has been falsely implicated in the present case and is in custody since 18.11.2022 and that no contraband articles were seized from the conscious and exclusive possession of the petitioner. It is also submitted that the petitioner does not have any criminal antecedents.

Further, it is submitted that 92 grams of Heroin (Diacetyle Morphene) was recovered and seized from the conscious possession of the petitioner and the same is less than the commercial quantity, which is not bar under Section 37 of the NDPS Act to be attracted to the facts of the present case. He also submits that there is no scope for absconding or fleeing from the hands of the justice and that the Petitioner is a local man and that the bail application of the petitioner may be considered and that he shall abide any terms and conditions imposed by this Court.

Leaned Additional Standing Counsel for the State vehemently opposes the prayer for bail of the Petitioner and submits that the present case arose in the State of Odisha. He further submits that in the said area illegal trafficking of contraband articles is rising day-by-day and no leniency should be shown to the petitioner or similarly situated persons.

Considering the submissions made by learned counsel for the respective parties, upon conspectus surrounding facts and circumstances and the materials placed before this Court and further taking into consideration the quantity seized, which is not bar under Section 37 of the NDPS Act would not be attracted to the facts of the present case and the period of custodial detention of the petitioner, it is directed that let the petitioner be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter one of the sureties is a relative one. While releasing the petitioner on bail, the court in seisin over the matter to impose any other conditions as would be deemed just and proper with further condition:-

I. The petitioner shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the investigation and thereafter he shall appear before the concerned Police Station once in a month preferably on ‘Sunday’ till conclusion of the trial;

Violation of any of the terms and conditions shall entail cancellation of bail.

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

The Bail Application is accordingly disposed of.

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

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