AI Structured Summary
Not yet generated for this judgment
Judgment
Savitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Nayapalli P.S. Case No. 391 of 2023 corresponding to T.R. Case No. 470 of 2023 pending in the Court of the learned District and Sessions Judge -cum- Special Judge (NDPS), Khurda registered for commission of offences punishable under Sections 20(b)(ii)(B)/29 of the NDPS Act.
The prosecution allegations in brief against the petitioner are that 1 kg. 500 grams of contraband ganja has been seized from the exclusive and conscious possession of the petitioner while he was sitting in his shop.
On the last date i.e. on 12.10.2023, Mr. B.K. Behera, learned counsel for the petitioner has submitted that apart from Nayapalli P.S. Case No. 308 of 2013 under Sections 457, 380, 34 of IPC, the petitioner has one similar criminal antecedent.
Today, an affidavit has been filed by one Premchand Das, father of the petitioner stating that the petitioner was involved in Nayapalli P.S. Case No. 308 of 2013 under Sections 457, 380, 34 of IPC where the petitioner has been released on bail and in Bhubaneswar-I, Excise Station P.R. Case No. 130 of 2022 for commission of offence punishable under Sections 20(b) (ii) (B) of NDPS Act and he has been released on bail by this Court vide BLAPL No. 12862 of 2022.
Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that the petitioner is involved in similar offence earlier and has violated the conditions imposed in the said order.
Perused the order dated 16.01.2023 passed in BLAPL No. 12862 of 2022, this Court has released the petitioner on bail on the ground that he does not have criminal antecedent of similar nature observing that if the petitioner has antecedent of similar nature, the order shall stand recalled. No other condition has been imposed.
Considering the quantity of ganja seized, I am inclined to take a lenient view in this case and release the petitioner on bail.
Let the petitioner-Ganesh Chandra Das be released on bail on such terms and conditions as may be fixed by the learned Court in seisin over the matter, including the following conditions, after verifying the criminal antecedents of the petitioner:
He will not commit in similar offence while on bail.
He will not threaten or try to influence prosecution witnesses while on bail.
After his release he will cooperate with the investigation and he will report before the Nayapalli Police Station twice a week on every Tuesday and Friday between 2.00 P.M. to 4.00 P.M. till submission of charge sheet.
Violation of any conditions will entail in cancellation of bail/recall of this order.
The BLAPL is accordingly allowed.
Urgent certified copy of this order be granted as per rules.
…………………………