Srimanta Kanhar Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of the Cr.P.C. has been filed in connection with Kabisurya Nagar P.S. case No. 757 of 2023 corresponding to G.R. Case No. 05 of 2023 (N) pending before the Court of the learned Special Judge -cum- Additional Sessions Judge, Kodala, Ganjam, registered under Section 20(b)(ii)B of the NDPS Act.

The prayer for bail of the petitioners has been rejected on 19.12.2023 passed by learned Additional District and Sessions Judge, Kodala, Ganjam.

The prosecution allegation in brief is that on 15.12.2023 at about 5.30 AM, the SI of police of Kabisurya Nagar Police Station, while conducting traffic control duty near Gudiali Chhaka on State Highway-30, found the petitioners coming on a Hero Honda Shine Motorcycle bearing registration No. OD-12D-0278 at high speed. On seeing the police, they tried to take a u-turn to escape but were nabbed by the police team after a short chase. On search, the accused persons were found to have kept one plastic bag in between themselves and on search of the bag was found to contain 11.590 Kgs of Ganja. As they could not produce any authority for possession of the ganja, the ganja was seized, and they were arrested.

Mr. K. Nayak, learned Counsel for the petitioner submits that the petitioners do not have any criminal antecedents and are in custody since 15.12.2023. In view of the quantity of ganja seized, Section 37 of the NDPS Act will not be a bar for consideration of their prayer for bail.

Mr. S. S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that these type of crimes are increasing every day and investigation is in progress and the criminal antecedents of the petitioners have to be verified. He further submits that as the petitioners belong to Kandhamal District, it would be difficult to ensure their attendance during the investigation and presence during trial.

Considering the quantity of ganja seized and the submission of the learned counsel that the petitioners do not have any criminal antecedents, I am inclined to allow the prayer for bail of the petitioners.

The petitioners Srimanta Kanhar and Bholanath Kanhar shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter including the following conditions:

(i) they will not commit any offence while on bail.

(ii) they will not threaten or try to influence prosecution witnesses while on bail.

(iii) they will not tamper with the prosecution evidence.

(iv) they will appear before the Kabisurya Nagar Police Station once on every alternate Sunday till submission of charge sheet and thereafter before the Firingia Police Station once in a month, preferably on Sunday for a period of 6 months or till the conclusion of trial, whichever is earlier.

(iv) they will remain present in the trial Court on each date, it is fixed for trial unless their appearance is dispensed with by the learned trial Court on that day.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly disposed of.

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

A copy of this order be handed over to Mr. S. S. Pradhan, learned Additional Government Advocate for onward transmission to the I.I.C., Kabisurya Nagar Police Station and I.I.C., Firingia Police Station..

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