Rabiul Alam vs State Of Odisha

S. K. Panigrahi, J

This matter is taken up by video conferencing mode.

Heard, learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with 2(a) CC No. 11 of 2021(N) arising out of PR Case No. 251/2020-21, pending in the court of the

learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur, registered for the alleged commission of offence under Sections 20(b)(ii)(B) of the

NDPS Act, has filed this application under Section 439 of CrPC for his release on bail.

The factual background of the case is that while the Excise Officer along with staff were on patrolling duty, the petitioner was found standing with

a white colored plastic bag and on suspicion, the bag was searched, 14 KG of contraband ‘ganja’ was seized from the exclusive possession of

the accused person.

Learned counsel for the petitioner submitted that the seized ‘ganja’ alleged recovered from the possession of the petitioner was below the

commercial quantity and the bar under Section 37(1)(b) of the NDPS Act does not apply. The petitioner has been in custody since 26.03.2021.

Learned counsel for the State vehemently opposed the bail prayer of the petitioner.

Considering the submissions made, facts and circumstances of the case, it is directed that the petitioner be released on bail with some stringent

terms and conditions as deemed just and proper by the court in seisin over the matter in the aforesaid case with further conditions that:-

i. the petitioner shall appear before the learned trial court on each date of posting of the case;

ii. he shall not indulge in similar activities in future and

iii. he shall not tamper the evidence of the prosecution witnesses in any manner.

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

The BLAPL is accordingly disposed of.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in

the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th

March 2020.