Pradeep @ Pradipta Kumar Mishra vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Padwa P.S. Case No.25 of 2014 corresponding to T.R. No.96 (A) of 2014, pending in the file of the learned Addl. Sessions Judge-cum-Special Judge, Koraput under Sections 20 (b) (ii) (C)/27 (A) of the N.D.P.S. Act.

The prosecution case in brief is that on 25.06.2014 at about 11.30 p.m. while the S.I. of Padwa Police Station alongwith staff conducted raid near Pujariput Hatapada, they found a jeep bearing Registration No.OR-10-4810 coming from Bada Devta Temple Chhaka side and proceeding towards Nandapur side. The driver did not stop the vehicle but drove away at high speed. The police team managed to stop the vehicle and two of the occupants, but the driver and two other occupants escaped. On search, police recovered 73 Kgs of contraband ganja. Since the persons could not produce any licence/authority for transportation of ganja, they were arrested and the ganja was seized.

After completion of investigation, charge sheet was filed against the present petitioner and four others. Three accused persons, namely, Laba Hantal, Balaram Khilla and Bhagaban Panasputia faced trial vide judgment dated 30.03.2017. They have been acquitted by the learned Addl. Sessions Judge-cum-Special Judge, Koraput.

Mr.S.K.Rout, learned counsel for the petitioner submits that the petitioner has not been named in the FIR and after he came to learn that chargesheet has been filed against him, he has voluntarily surrendered in the Court on 17.08.2023. He further submits that the co-accused persons who faced trial have been acquitted. He draws my attention to paragraph-11 of the impugned judgment where it has been stated that the involvement of jeep bearing Registration No.OR-10-4810 is also doubtful as the IIC seized the documents of another jeep bearing No.OR-02-C-8361 and the weighman has denied his presence at the spot and the only independent witness has not supported the prosecution case.

Perusal of the record reveals that the petitioner has earlier approached this Court in BLAPL No.22943 of 2014 and by order dated 03.03.2015 while rejecting the prayer for bail, this Court had granted liberty to the petitioner to surrender before the learned Special Judge-cum-Addl. Sessions Judge, Koraput within 21 days, in which event, the application would be considered on the same day considering the submissions that there was no direct material against the petitioner and he has been implicated on the basis of confession of the co-accused which is not admissible in evidence. It appears that the petitioner did not surrender pursuant to that order and filed ABLAPL No.11921 of 2017 and ABLAPL No.8776 of 2019. ABLAPL No.11921 of 2017 had been dismissed on 01.12.2018 and ABLAPL No.877 of 2019 had been disposed of on 04.08.2021 granting liberty to the petitioner to surrender in the Court below and move for regular bail with a direction that the same shall be considered on its own merit taking into the factum of accused persons without being prejudiced by that order. But the petitioner did not think fit to surrender before the learned Court below and filed CRLMC No.1804 of 2021 which has been dismissed on 18.01.2022. Hence, the submission of learned counsel for the petitioner that the petitioner was not aware about the case till recently is not correct.

I am not inclined to consider the prayer for bail on merit, as petitioner has been absconding since 09 years.

The BLAPL is accordingly dismissed. However, liberty is granted to the petitioner to move for bail afresh in case there is undue delay in completion of the trial.

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