Sk. Azad vs State Of Orissa

Savitri Ratho, J

This  application  under  Section  439  of  the  Cr.P.C.  has  been filed in connection with Special Crime Unit P.S. case No. 14 of 2023 corresponding to T.R. case No. 576 of 2023 in the Court of learned District and Sessions Judge, Khordha, at Bhubaneswar, for commission of offences punishable under Section 21(c) & 29 of the NDPS Act.

The prayer for bail of the petitioner has been rejected on 20.12.2023 by the learned District and Sessions Judge, Khurda, at Bhubaneswar.

The prosecution allegation in brief is that on 10.11.2023, on receiving credible information regarding conscious and explosive possession of the brown sugar by the co-accused persons near Phuleswari Basti in two motor cycles to deliver the same to drug peddlers, the informant and his team reached the spot and detained the co-accused persons, namely, Niranjan Pattajoshi @ Kamu and Pradipta Kumar Saho @ Chanda and recovered 1.012 kgs of contraband brown sugar from their conscious possession. During interrogation, they confessed that they have procured the said brown sugar from the present petitioner-Sk. Azad and the one co-accused Raju to deliver the same to other peddlers for their gain.

This application has been listed before me as BLAPL No. 420 of 2024 filed by co-accused Niranjan Pattajoshi @ Kamu has been dismissed by me on 15.02.2024.

Perusal of the rejection order reveals that the prayer for bail of the petitioner has been rejected on 20.12.2023 when investigation was in progress.

Mr. Ramesh Chandra Maharana, learned counsel for the petitioner submits that the petitioner is in custody since 14.11.2023 and apart from the statement of the co-accused who were arrested on the spot, there is no material to implicate the petitioner for which Section 37 of the NDPS Act will not be a bar for releasing him on bail.

Mr. S.S. Mohapatra, learned Additional Standing Counsel submits that the investigation is still in progress and the petitioner has one criminal antecedent involving an offence under Section 21(b) of the NDPS Act and other Sections for which Section 37 of NDPS Act will be a bar for releasing the petitioner on bail.

Considering the nature of allegations against the petitioner and as investigation is in progress, I am not inclined to entertain the prayer for bail at this stage.

The BLAPL is accordingly dismissed.

Liberty is granted to the petitioner to move the learned court below for bail afresh after completion of investigation.

Urgent certified copy of this order be granted on proper application.

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