Bankim Gharami vs State Of Odisha

Savitri Ratho, J

Heard Mr. P.K. Nanda, learned counsel for the petitioner and Mr. B.K. Ragada, learned Addl. Government Advocate for the State.

By order dated 08.11.2023 in I.A. No.1479 of 2023, the petitioner had been released on interim bail for a period of three weeks as his father Gopal Gharami had expired on 04.11.2023 and he was the only son.

Mr. P.K. Nanda, learned counsel for the petitioner submits that in compliance of the order dated 08.11.2023, the petitioner had surrendered on 30.11.2023 and he has filed the certified copy of the order dated 30.11.2023 indicating that the petitioner has surrendered on the said date.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Kalimela P.S. Case No. 230 of 2023 corresponding to G.R. Case No. 544 of 2023 pending in the Court of the learned J.M.F.C., Motu at M.V.-79 under Sections 273, 420, 109 of IPC read with Sections 20, 22 of the Cigarettes and Other Tobacco Products Act, 2003.

The prayer for bail of the petitioner has been rejected vide order dated 04.10.2023 passed by the learned Sessions Judge, Malkangiri in BLAPL No. 193 of 2023.

The prosecution allegation in brief is that on 21.09.2023 at about

45 p.m., when the S.I. of Kalimela P.S. along with staff were performing M.V. checking, they found one Tata Magic vehicle bearing Registration No. OD-30-B-6936 being driven by present petitioner loaded with luggage. On suspicion as strong smell of Tabacco was coming out from the vehicle, the petitioner was questioned and he disclosed that he had procured tobacco products from one Prakash of Malkangiri and was transporting the same in the vehicle for selling in the local market giving the impression to be genuine product and though the labels did not have the proper information of the product. So the S.I. searched the vehicle and recovered six numbers of jari bags containing 538 packets of tobacco products; gutkhas of different brands and Banadurga Khaini Bhanga and seized the same and arrested the petitioner.

Mr. P.K. Nanda, learned counsel for the petitioner submits that the petitioner is in custody since 21.09.2023 and in the meanwhile the investigation has progressed considerably. He further submits that the he has not misused the liberty granted to him and has surrendered in time. He also submits that the petitioner does not have any criminal antecedents and considering the punishment prescribed for the offence for which he has been arrested and as there is no allegation that the products were adulterated or unsafe for human consumption, his prayer for bail may be sympathetically considered.

Mr. B.K. Ragada, learned Addl. Government Advocate for the State opposes the prayer for bail stating that huge quantity of gutkhas has been seized from the possession of the petitioner which is a banned product and he may indulge in similar offence, if he is released on bail.

Considering the nature of allegations against the petitioner, absence of allegation that the gutka was adulterated or unsafe for human consumption, period of his detention in judicial custody and as he has not misused the liberty granted to him while he was released on interim bail, I am inclined to allow the prayer for bail.

Let the petitioner- Bankim Gharami be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter after verification that he does have any criminal antecedents, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

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

(iii) After his release he will co-operate with the investigation and he will report before the I.I.C., Kalimela Police Station once in a week on every Sunday between 1.00 p.m. to 3.00 p.m. till completion of investigation.

(iv) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court on the said 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 supplied to Mr. B.K. Ragada, learned Addl. Government Advocate for onward transmission to the I.I.C., Kalimela Police Station.

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