Samanta Chaulia 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 Government Advocate 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)C.C. Case No.36 of 2024, arising out of EI & EB Unit-II Cuttack Excise P.R. No.745 of 2024, pending in the Court of learned Sessions Judge-cum-Special Judge, Cuttack, for alleged commission of offence punishable under Section 20(b)(ii)C of N.D.P.S. Act, 1985.

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 17.03.2024. He further submitted that investigation has progressed substantially in the meantime. Further referring to the allegation made in the prosecution report, learned counsel for the Petitioner submitted that the Petitioner is sitting in one side of the vehicle in question along with other personnel. It is further contended that from the vehicle in question, a total quantity of 76 Kilo Grams of contraband Ganja was recovered from the dickey of the vehicle in question. He further submitted that the Petitioner is a gratitude passenger of a vehicle in question and also he is a young boy aged about 21 years and pursuing his study at the moment. He further submitted that the Petitioner has taken a lift in the vehicle. Learned counsel for the Petitioner further contended that the Petitioner had no knowledge about the contraband Ganja which was kept in the dickey of the vehicle in question. He also submitted that the Petitioner does not have any similar criminal antecedent and that there is no chance of his absconding

Learned Additional Government Advocate appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made against the Petitioner are serious in nature. He further submitted that investigation is on. Therefore, in the event the Petitioner is released on bail, he might abscond from justice which would eventually cause delay in conclusion of investigation. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking into consideration the fact that the Petitioner is a young boy and is a student pursuing his studies and that he does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter.

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

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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