Tofan Badhei @ Pintu vs State of Orissa

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 G.R. Case No.17 of 2023 arising out of Bolangir Town P.S. Case No.120 of 2023 pending in the file of learned District and Sessions Judge, Bolangir, for commission of offences punishable under Sections 21(C)/29 of NDPS Act read with Section 25 of Arms Act, on the allegation of possessing and transporting huge consignment of ESKUF Cough Syrup each containing 100ml. @ 2.59 grams of codeine phosphate per bottle with a total amount of 2.592Kgs. of Contraband Codeine Phosphate.

Heard Mr. S.D. Das, learned Senior Counsel for the petitioner and Mr. S.R. Roul, learned ASC in the matter and perused the record. Mr. S.D. Das, learned Senior Counsel for the petitioner by filing an affidavit stated to be sworn in by the wife of the petitioner submits that the petitioner has no similar type of criminal antecedents. The affidavit be kept on record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of implication of the petitioner in this case and taking into account the pre trial detention of the petitioner and taking into consideration the release of most of the co-accused persons on bail and regard being had to the status of the petitioner, the possibility of his ignorance as to the contents of Cough Syrup including the Narcotic Substance of Codeine Phosphate cannot being ruled out on the face of presumption of innocence of the petitioner in law till his guilt is established beyond all reasonable doubt, this Court considers that the petitioner has made out a case for grant of bail notwithstanding to the rigor of Section 37 of NDPS Act.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

The I.I.C., of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

……………………………