Srikanta Palia vs State Of Odisha

Dr. S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner being in custody in connection with 2(a) C.C. Case No.16 of 2024 (NDPS Act) arising out of P.R. Case No.37 of 2024-25 pending in the court of learned Sessions Judge-cum-Special Judge, Boudh, registered for the alleged commission of offence under Sections 20(b)(ii)(B) of the N.D.P.S. Act, has filed this petition for his release on bail.

The case of the prosecution in brevity is that during the patrolling duty conducted on 13.05.2024 at about 6.00 A.M, the Inspector of Excise, Mobile Squad, Boudh got information regarding storage of Ganja by a person of village Barapadar. Thereafter, he along with his staff proceeded to the house of the accused and found that the Petitioners were hiding a jari basta in straw heap. On suspicion they detained them and seized 10 Kgs of ganja. Thereafter, the Petitioner was taken into custody.

Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case. He further contends that though nothing has been seized from the possession of the present Petitioner, he has been languishing in custody since 13.05.2024. He, accordingly, prays that the Petitioner may be released on bail. He also submits that the Petitioner has no criminal antecedent.

Learned counsel for the State vehemently opposes the bail prayer of the Petitioner.

Without going into the merits of the case and considering the submissions made by the learned counsel for the parties, this Court directs the court in seisin over the matter to release the Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that:

i. the Petitioner after the onset of monsoon, shall plant 50 saplings of local variety like mango, neem, tamarind etc. around his village over the Government land/community land/private land, if it is in the possession of the Petitioner or his family members.

ii. the Petitioner shall appear before the court in seisin over the matter on each date of posting of the case till completion of trial;

iii. the Petitioner shall not indulge himself in any criminal activities in future;

iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;

Violation of any of the above conditions shall entail cancellation of the bail.

The I.I.C of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not.

It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those saplings for two years.

The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner.

The BLAPL is, accordingly, disposed of.

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