Ramana Pangi vs State Of Odisha

V. Narasingh, J

Since all the matters arise out of Kalimela P.S. Case No. 207 of 2022, they are heard together and disposed of by this common order on the consent of the parties.

Heard learned counsel for the Petitioners and learned counsel for the State.

The petitioners are accused in connection with Special G.R. Case No. 121 of 2022, pending before the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Kalimela Police Station Case No. 207 of 2022 for alleged commission of offences under Sections 20(b)(ii)(C/27-A) of N.D.P.S. Act.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 09.02.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioners are in custody since 14.08.2022 on the accusation of possessing contraband (ganja) to the tune of 664 Kg 400 Grams from 22 accused persons including the two Petitioners.

It is further submitted with vehemence that individual seizures from the Petitioners are 30 Kg each. Hence, they ought not to be made liable for the entire seizure.

Learned counsel for the State has rightly submitted that even if the submission of the learned counsel for the Petitioners is accepted at its face value. Yet, individual seizure being more than the commercial quantity, in view of the rigorous of Section 37 of the NDPS Act, the Petitioners are not entitled to be released.

It is seen that the Petitioners are in custody since 14.08.2022. It is submitted that the Petitioners are the first offenders and admittedly the trial has not commenced.

Considering the same, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

Before releasing, learned Court below shall verify the criminal antecedent of the petitioners. If it comes to fore that the petitioners have criminal antecedent of any nature, this order shall stand recalled.

Additionally, it is directed that petitioners shall appear before the jurisdictional police station once every fifteen days on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

The bail applications are accordingly disposed of.

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

……………………………..