Sudarshan Badi vs State Of Odisha

A.K. Mohapatra, J

I.A. No.618 of 2024

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

Heard learned counsel for the Petitioner as well as learned Addl. Standing Counsel for the State-Opposite Party.

Considering the submissions made, the order dated 20.05.2024 is hereby recalled.

Accordingly, the I.A. is disposed of.

BLAPL No.4893 of 2024

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with P.R.Case No.12 of 2024-25 corresponding to 2(a) C.C.Case No.13 of 2024 (NDPS Act) pending in the Court of the learned Sessions Judge-cum-Special Judge, Boudh for alleged commission of offence under Sections 20(b)(ii)B of the N.D.P.S.Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 12.04.2024. He further contended that the quantity of contraband ganja seized from the possession of the Petitioner is 3 kg. which is less than commercial quantity. As such, bar under section 37 of the Act is not attracted to the present case. It is also submitted by the learned counsel for the Petitioner that the Petitioner is having only one criminal antecedent under the commission of offence under Section 20(b)(ii)C on the allegation of illegal possession of 10 kg of ganja. Further contended in the said case the Petitioner has already been released on bail. He also contended that since the Petitioner belongs to the locality, there is no chance of absconding. On such ground, learned counsel for the Petitioner prays for release of the Petitioner on bail on suitable terms and conditions.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the prayer for release of the Petitioner on bail on the ground that allegations made against the Petitioner is serious in nature. He further submitted that the cases of illegal transportation of contraband article are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons, who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard learned counsel for the parties, considering the surrounding circumstances of the case and the period of custodial detention of the Petitioner and the fact that less than commercial quantity of contraband ganja has been recovered from the possession of the Petitioner as well as the Petitioner is having only one criminal antecedents under the commission of offence under Section 20(b)(ii)C, in which he has already been released on bail, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall be subject to such terms and conditions that would be fixed by the learned court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.3,000/- (Rupees Three Thousands) of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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