Anil Harijan vs State Of Orissa

G. Satapathy, J

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

2. 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. 127 of 2022 arising out of Orkel P.S. Case No.168 of 2022 pending in the Court of learned Session Judge-Cum-Special Judge, Malkangiri, for commission of offence punishable under Section 20(b)(ii)(C)/27(A)/29 of the NDPS Act, on the allegation of on the allegation of transporting 31 Kgs. 900 Grams of Contraband Ganja in a Government Bus.

In the course of hearing of the bail application, Mr. A.K. Jena, learned counsel for the petitioner submits that even the materials on record are taken into consideration, no offence is made out against the petitioner since the Contraband Ganja was recovered from the public transport Government Bus and therefore, the petitioner having already detained in custody since 22.08.2022 with non-commencement of trial would automatically dilute the rigor of Section 37 of NDPS Act and the petitioner, therefore, may kindly be granted bail.

On the contrary, Mrs. S.R. Sahoo, learned ASC prays to reject the bail application of the petitioner by taking recourse of Section 37 of the NDPS Act.

As regards to the satisfaction of the first condition of Section 37 of NDPS Act, this Court has already heard the learned ASC in the matter and thereby, the first condition stands fulfilled. Insofar as the second condition of Section 37 of NDPS Act, Re; formation of opinion as to whether there are reasonable grounds to believe that the petitioner is not guilty of the offence, the same may not be formed at this stage, when the recovery was made from a public transport vehicle and the pre-trial detention of the petitioner for near about one year without any commencement of trial could itself dilute such conditions in view of the personal liberty guaranteed under Article 21 of the Constitution and in such situation, the conditional liberty will override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act.

In view of the observation made in the preceding paragraph and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the pre trial detention of the petitioner since 22.08.2022 and regard being had to the absence of any criminal antecedent reported against the petitioner and taking into consideration the other circumstance placed on record in entirety, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) with two 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,

(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 Sunday in between 10 A.M. to 12 Noon for six(06) months from the date of his actual 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 any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case. Violation of any of the conditions would be taken as a misuse of concession of bail granted to the petitioner today by this Court.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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