Raghunath Hantal vs State Of Odisha

Savitri Ratho, J

Mr. A.K. Jena, learned counsel for the petitioner is permitted to remove the defect as pointed out by the S.R., in Court today.

Heard Mr. A.K. Jena, learned counsel for the petitioner and Mr. A.P. Das, learned Addl. Standing Counsel for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Orkel P.S. Case No. 318 of 2023 corresponding to Special G.R. Case No. 206 of 2023 pending in the Court of the learned Sessions Judge -cum- Special Judge, Malkangiri registered for commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act.

The prayer for bail of the petitioner has been rejected by the learned Sessions Judge -cum- Special Judge, Malkangiri on 16. 10.2023.

The prosecution allegation in brief is that on 02.10.2023 at 10.30 a.m. while the SI of Orkel Police Station along with staff were performing patrolling/M.V. checking duty at village Kudumulugumma, Rasbeda and its nearby area, at about 12.20 p.m. they spotted one Hero Splendor Plus motorcycle bearing Registration No. OD-30-E-1534 was coming from Balimela side loaded with plastic sack on the middle of the rider and pillion rider. They detained the motorcycle on suspicion and on search the plastic sack was found to contain 21 kgs. of contraband ganja.

Mr. A.K. Jena, learned counsel for the petitioner submits that the petitioner is in custody since 02.10.2023. As he was driving the motor cycle, it cannot be said that the ganja has been seized from his exclusive and conscious possession. He further submits that in view of the quantity of ganja seized, possibility of mistake in weighment cannot be ruled out. He further submits that the petitioner has no criminal antecedents and the investigation of the case is practically over.

Mr. D.K. Mishra, learned Addl. Government Advocate for the State opposes the prayer for bail stating that the investigation is in progress and the accused may commit the similar offence, if he is released on bail.

Considering the nature of allegations against the petitioner, the quantity of ganja seized, possibility of mistake in weighment and submission regarding lack of criminal antecedents, I am inclined to allow the prayer for bail.

Let the petitioner- Raghunath Hantal be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter after verification of his criminal antecedents, 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) After his release he will co-operate with the investigation and he will report before the I.I.C., Orkel Police Station once in a week on every Monday between 1.00 p.m. to 3.00 p.m. till submission of charge sheet.

(iv) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court on that day.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly disposed of.

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

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