Sattar Akbar Ali Shaikh vs State Of Odisha

S.S. Mishra, J

This is an application under Section-439 Cr.P.C.

The petitioner is an accused in 2(a)CC Case No.1 of 2024 corresponding to PR Case No.171 of 2023-24 for the offence under Section under Section 20(b)(ii) B of the N.D.P.S. Act pending in the Court of the Sessions Judge-cum-Special Judge, Jharsuguda.

The allegation against the petitioner is that on 14.01.2024, morning at about 10.00 AM, the OIC, Jharsuguda Excise Station along with his staff while performing patrolling duty at Jharsuguda Railway Station area, received information that one person has been detained in Platform No.1 of Jharsuguda Railway P.S. that he was possessing ganja in a trolley bag. Thereafter, the OIC, Jharsuguda informed the said fact to his higher officials and he along with other staffs proceeded to the Jharsuguda Railway Station. There, they noticed that a person with a trolley bag has been detained. On being asked, the said person disclosed the name of the petitioner. On search, the contraband from the accused persons and recovered 11 kgs. of contraband ganja from the possession of the accused persons.

The petitioner had approached the learned Sessions Judge-cum-Special Judge, Jharsuguda praying for grant of bail. The learned Court below vide its order dated 17.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea for grant of bail of the petitioner is not pending before any Court whatsoever except the present one.

Taking into consideration the period of custody from 17.12.2023, the nature of accusation and the quantity of contraband seized being less than the commercial quantity, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner.

To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioner during trial since he belongs to a different State, additionally it is directed that one of the family members of the petitioner shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedent of the petitioner from Govandi Police Station, District- Thane, Mumbai, State of Maharastra. If it comes to the fore that the petitioner has any criminal antecedent, the Court below shall take into consideration the same while imposing condition.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

………………………………..