Pradip Kumar Majhi vs State Of Orissa

V. Narasingh, J

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

2.The Petitioner is an accused in connection with G.R. Case No.36 of 2023, pending in the Court of learned Sessions Judge-cum-Special Judge, Gajapati, at-Paralakhemundi, arising out of Kashinagar P.S. Case No.49 of 2023 for alleged commission of offences under Sections 20(b)(ii)(c) and Section 25/29 of NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Gajapati by order dated 24.01.2024 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by order dated 27.07.2023 in BLAPL No.7827 of 2023 since the same was during the currency of investigation.

It is submitted by the learned counsel for the Petitioner that the contraband to the tune of 401Kgs 300gms (ganja) was seized from one Mahindra Maximo vehicle bearing Registration No.OD-18-A-5929 on 15.04.2023.

It is submitted by the learned counsel that since it came to the fore that the vehicle stands in the name of the Petitioner, he was taken into custody on 19.05.2023 and as in the meanwhile charge sheet has already been filed on 13.11.2023 and since he is the first offender, his further continuance in custody is unwarranted.

Learned counsel for the Petitioner further submits that the basis of implication is only on account of involvement of the vehicle of the Petitioner hence prima facie conscious and exclusive possession cannot be attributed to him.

Learned counsel for the State opposes the prayer for bail and submits that there is nothing on record to indicate that the Petitioner took any steps vis-à-vis the vehicle till he was taken into custody on 19.05.2023 which prima facie shows his complicity and relying on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 submits that since charge sheet has already been filed prima facie case is well made out and also keeping in view the rigors of Section 37(1)(b)(ii) of NDPS Act, submits that the Petitioner is not entitled to be released on bail.

Considering the nature of accusation qua the Petitioner and keeping in view that the Petitioner is the first offender, this Court directs his release on bail on such terms to be fixed by the learned court in seisin.

Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per the rules.

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