Saikh Ashmat And Another 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 Petitioners and learned Additional Standing Counsel appearing for the State-Opposite Party.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with Special Case No.30 of 2024, arising out of Excise District Mobile unit Balasore P.R No-359/2023-24, pending in the Court of learned Sessions-cum-Special Judge, Balasore for alleged commission of offences punishable under Sections 20(b)(ii)(C) of the N.D.P.S. Act, 1985.

It is submitted by the learned counsel for the Petitioners that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioners, who are ladies, are in custody since 06.02.2024. He further submitted that the present Petitioners have been falsely implicated in the present case. He also contended that the alleged contraband Ganja has not been seized from the conscious and exclusive possession of the Petitioners. It is further submitted that the Petitioners do not have similar criminal antecedent. On such ground, it is submitted that the Petitioners be released on bail subject to any terms and conditions that would be imposed by this Court.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioners on bail on the ground that allegations made against the Petitioners are serious in nature. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence.

Considering the submissions made by the learned counsels for the respective parties and further taking into consideration the quantity of contraband article seized from the possession of the Petitioners as well as the fact that the Petitioners do not have any similar criminal antecedent, this Court is inclined to release the Petitioners on bail.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with other terms and conditions as would be deemed fit and proper by the Court in seisin over the matter.

It is further directed that the bail granted to the Petitioners is subject to the condition that the court below shall verify whether the Petitioners have any criminal antecedent of similar nature. In the event it is found that the Petitioners have any criminal antecedent of similar nature, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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