Rabindra Dalei Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Bhograi Station P.R. Case No. 116 of 2023-24 corresponding to Spl. Case No. 301 of 2023 pending in the court of the learned Special Judge, Balasore registered where final PR has been submitted under Section 21(b) of the NDPS Act against the petitioner.

The prayer for bail of the petitioner has been rejected on 09.01.2024 by the learned Sessions Judge-cum- Special Judge, Balasore.

The prosecution case in brief is that on 30.10.2023, while the OIC of Bhograi Excise Station, Balasore and his staff were conducting patrolling duty on the road at Chakaisab area, they found the petitioner, who was holding a plastic box in his hand, tried to escape on seeing them. He was detained on suspicion and on search 115 gms of brown sugar was recovered from his exclusive and conscious possession. As he could not produce any authority for its possession, the brown sugar was seized, and he was arrested.

Ms. Khusbu Panigrahi, learned counsel for the petitioner appearing from the virtual High Court at Balasore submits that the petitioner does not have any criminal antecedents and he is in custody since 30.10.2023. Investigation has been completed and final PR has been filed on 26.12.2023. As the petitioner has no criminal antecedents, section 37 of the NDPS Act will not be a bar for considering his prayer for bail.

Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that these types of crimes are increasing every day and the criminal antecedents of the petitioner are yet to be verified.

Considering the quantity of brown sugar seized, the submission that the petitioner does not have any criminal antecedents and as investigation has been completed, I am inclined to allow the prayer for bail of the petitioner.

The petitioner Rabindra Dalei shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, subject to verification that he has no criminal antecedents under the NDPS Act, including the following conditions.

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses while on bail.

(iii) He will report before the IIC, Kamarda Police Station, once in every alternate Sunday, for a period of 6 months or completion of trial whichever is earlier.

Violation of any condition will entail in cancellation of bail/ recall of this order.

The BLAPL is accordingly disposed of.

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

Copy of this order be supplied to Mr. S. Mishra, learned Additional Standing Counsel for onward transmission to the IIC, Kamarda Police Station..

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