Ritikisan Sahani vs State Of Odisha

A.K. Mohapatra, J

This  matter  is  taken  up  through  Hybrid  Arrangement (Virtual /Physical Mode).

Heard  learned  counsel  appearing  for  the  Petitioner  and learned  Additional  Standing  Counsel  appearing  for  the  State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has  been  filed  by  the  Petitioner  for  regular  bail  in  connection with  2(a)CC  Case  No.11  of  2024,  arising  out  of  Bhanjanagar Excise Station, PR Case No. 14 / 2024-25, pending in the Court of   learned   Addl.   Sessions   Judge-   cum-   Special   Judge, Bhanjanagar,  Dist.  Ganjam  for  alleged  commission  of  offence punishable under Sections 20(b)(ii)(B) of the N.D.P.S. Act.

Learned counsel for the Petitioner submits that earlier this matter  was  not  before  any  other  Bench  of  this  Court.  It  is submitted  by  the  learned  counsel  for  the  Petitioner  that  the Petitioner is in custody since 10.05.2024. Further contended that in the meantime the investigation has progressed substantially. Further, allegations made in the F.I.R., the learned counsel for the Petitioner submitted that a total quantity of 11 kgs. of ganja, was recovered from the exclusive and conscious possession of the Petitioner, which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner does not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the fact that the Petitioner does not have any criminal antecedents, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any other conditions shall entail cancellation of the bail application.

It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event the Petitioner is having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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