Prakash Digal vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with P.R. No.108 of 2023-24 corresponding to 2 (a) C.C. No.37 of 2023 pending in the file of learned Special Judge, Phulbani under Section 20(b)(ii)(B) of the NDPS Act.

The allegation against the petitioner in brief is that on 22.09.2023, the Officer-in-charge of Excise District Mobile, Kandhamal alongwith his staff while checking the Excise product at Rani Pathara Check Gate, they recovered 18 Kgs of ganja kept in a jari sack in a white colour Indigo ECS Car bearing Registration No.OD-02-J-9576 at about 10.00 a.m. on 22.09.2023. The petitioners, the occupants of the car could not produce any authority for the possession/transportation of ganja for which they were arrested and the ganja was seized.

Mr.S.K.Biswal, learned counsel for the petitioners submits that the petitioners had no idea about the ganja which was recovered from the car and they have no criminal antecedents of similar nature (under the N.D.P.S.Act). He further submits that the petitioner No.1- Prakash Digal has involved in Phiringia P.S. Case No.16 of 2020 corresponding to C.T. Case No.73 of 2020 under Sections 341, 294, 506 of IPC and petitioner No.3- Binod Kanhar is involved in Phiringia P.S. Case No.82 of 2019 corresponding to C.T. No.379 of 2019 under Sections 498-A/506 of IPC read with Section 4 of the D.P. Act in the Court of learned S.D.J.M., Phulbani.

Mr. D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail stating that investigation is in progress and petitioners No.1 and 3 have criminal antecedents.

Considering the submission of the learned counsel for the petitioners, the quantity of ganja seized and the submission that the petitioners do not have any criminal antecedents of similar nature, i.e., under N.D.P.S. Act, I am inclined to allow the prayer for bail.

Let the petitioners be released on bail by the learned Court below in seisin over the matter on such terms and conditions in the aforesaid case as may be deemed fit and proper by it, subject to verification of their criminal antecedent/s including the following conditions:

(i) They shall appear before the Phiringia P.S. in every Sundary between 3.00 p.m. to 5.00 p.m. till submission of charge sheet.

(iii) They shall not commit similar offence while on bail.

Violation of any condition will entail cancellation of bail.

The BLAPL is accordingly allowed.

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

.……………………….