Soumitra Mondal vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special Case No.92 of 2023 arising out of Jaleswar P.S. Case No.160 of 2023 pending in the file of learned Special Judge, Balasore, for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 54Kgs of Contraband Ganja in a Truck.

In the course of hearing of the bail application, Mr. Guruprasad Behera, learned counsel for the petitioner submits that three persons were travelling in the Truck including the petitioner and out of three persons, the other two persons were not known to the petitioner and they were carrying some bags. It is further submitted by him that the said two unknown persons might be transporting Contraband Ganja without the knowledge of the petitioner and, therefore, the seizure of Contraband Ganja to the tune of 18Kgs 60Grams from the Truck cannot be attributed to the petitioner and thus, Section 37 of NDPS Act would not operate as a Bar for release of the petitioner on bail.

On the contrary, Mr. S.R. Roul, learned ASC by drawing attention of the Court to the averments made in the FIR, submits that all together 54Kgs of Contraband Ganja was being carried in the Truck and out of such 54Kgs of Contraband Ganja, two bags containing 36Kgs and some odd were handed over to the shop owner by the petitioner and others and, therefore, since the quantity of the Ganja seized in this case is coming under commercial quantity and, thereby, Section 37 of NDPS Act would operate as a Bar for release of the petitioner on bail.

After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of implication of the petitioner and regard being had to the seizure of 54Kgs of Contraband Ganja, which is coming under commercial quantity and taking into account the fact that when the learned ASC is opposing the bail application of the petitioner, this Court considers it difficult to record satisfaction on a conspectus of materials placed on record that there are reasonable grounds for believing that the accused is not guilty of such offence and he is unlikely to commit any offence while on bail, more particularly when the investigation is going on, this Court, therefore, does not considers it proper to grant bail to the petitioner.

Hence, the bail application of the petitioner stands rejected.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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