Simanchal Gouda @ Sima vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Badagada P.S. Case No.686 of 2023 corresponding to T.R. Case No.637 of 2024 for the offences under Sections 20(b) (ii)(C) & 29 of the N.D.P.S. Act pending in the Court of learned Sessions Judge, Khurda.

The allegation as per the F.I.R. is that on 05.12.2023 while the informant and her team were performing the night patrolling duty in Badagada area, they received credible information that the accused persons are transporting ganja in a motor cycle from Puri bypass to Chilipokhari. To verify the genuineness of the information, the informant and her team proceeded to the spot, detained the accused persons and recovered 23.070 Kgs of contraband ganja from their possession. Hence, they were arrested.

The petitioner had approached the learned Special Judge, Khurda at Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 06.02.2024 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 of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 06.12.2023, the nature of accusation and the quantity of contraband seized, 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 further condition that he shall not tamper with the evidence in any manner whatsoever.

Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

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