Raju @ Rajkishore Sahoo Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Nandankanan P.S. Case No.156 of 2023 corresponding to T.R. No.509 of 2023, pending in the file of the learned 2nd Addl. District and Sessions Judge, Bhubaneswar registered under Section 21(b) of the NDPS Act. Chargesheet dated 30.11.2023 has been submitted against the petitioner under Section 21 (b) of the NDPS Act.

The prayer for bail of the petitioner had been rejected vide order dated 05.01.2024 by the learned 2nd Addl. Sessions Judge, Bhubaneswar.

The prosecution allegation in brief is that on 03.10.2023 at about 8. 30 A.M. on receiving reliable information, the Sub-Inspector of Police, Nandankanan P.S. detained the petitioner at Pratap Nagari Bridge Chhak. After observing the provisions of the NDPS Act, he searched the petitioner and recovered a packet containing 12.25 grams of brown sugar from his pant pocket. As the petitioner could not produce any authority for possession of the said brown sugar, the brown sugar was seized and the petitioner was arrested.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.10.2023, investigation has been completed in the meanwhile and in view of quantity of brown sugar seized and the petitioner does not have any criminal antecedent of similar nature, Section 37 of NDPS Act will not be a bar for releasing the petitioner on bail.

Mr. S.S.Pradhan, learned Addl. Government Advocate opposes the prayer for bail stating that these types of crimes are increasing everyday for which the petitioner does not deserve to be released on bail.

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

The petitioner- Raju @ Rajkishore Sahoo shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he does not have any criminal antecedents, including the following conditions :

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

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

(iii) He will report before the Nandankanan Police Station once a month preferably on a Monday between 4.00 p.m. to 5.00 p.m. for a period of six months or till completion of trial, whichever is earlier.

(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 under Section 317 Cr.P.C. on any particular day.

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.S.Pradhan, learned Additional Government Advocate for onward transmission to the IIC, Nandankanan Police Station.

.…………………………………..