Somnath Behera Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Sambalpur Town P.S. Case No.11 of 2024 corresponding to T.R. No.01 of 2024, pending in the file of the learned Sessions Judge-cum-Special Judge, Sambalpur registered under Section 21 (b)/29 of the NDPS Act.

The prayer for bail of the petitioner had been rejected on 18.01.2024 by the learned Sessions Judge-cum-Judge (Special Court), Sambalpur.

The prosecution allegation in brief is that on 07.01.2024 at about 11.10 a.m. the staff of Sambalpur Town P.S. while conducting patrolling duty, on receiving reliable information that six persons had congregated under a Pipal tree near Bhubaneswar Baba temple and were selling cough syrup, proceeded to the spot. On seeing the police, some of the accused persons tried to escape by leaving a jari bag containing cough syrup and a Honda Activa vehicle but the petitioner was apprehended by the police. On search, the jari bag was found to contain 100 nos. of sealed ONEREX cough syrups bottles of 100 ml. each containing Codeine Phosphate and Triprolidine Hydrochloride syrup. On search of the Honda Activa, 50 numbers of sealed WINCEREX cough syrup containing Codeine Phosphate were recovered. As the petitioner failed to produce any document in support of possession of the 150 cough syrups bottles, the bottles were seized and the petitioner was arrested.

Mr.Arabinda Dash, learned counsel appearing from the Virtual High Court at Sambalpur submits that the petitioner is in custody since 07.01.2024 and the cough syrup bottles have not been seized from his possession. He further submits that though it is stated that the petitioner has 15 criminal antecedents but almost all the allegations are false and only a few of those cases involve similar offences. He also submits that some of the accused persons, namely, Subhadra Behera in ABLAPL No.1093 of 2024 and Mamata Kumari in ABLAPL No.1433 of 2024 and one Pratima Mallik in ABLAPL No.1842 of 2024 have been directed to be released on bail by this Court, on their surrender in the Court below.

Mr. D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail stating that a huge quantity of cough syrup has been seized from the possession of the petitioner and as he has a number of criminal antecedents which include cases of similar nature, so he should not be released on bail. He further submits that investigation in the case is in progress.

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

The BLAPL is accordingly dismissed.

It is open for the petitioner to move for bail afresh after completion of investigation.

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

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