Indrajit Madhi vs State Of Odisha

Savitri Ratho, J

Office has pointed out that in paragraph-4 of the order dated 21. 03.2024, the date of adjournment has been typed as 04.03.2024 in place of 04.04.2024.

Since the case has been listed today along with the other bail applications there is no necessity to make a correction in the order dated 21.03.2024 and it is directed that the date ‘04.03.2024’ mentioned in paragraph-4 of the order dated 21.03.2024 will be read as ‘04.04.2024’.

This bail application has been listed before me, as BLAPL No. 11572 of 2023 filed by co-accused Vikkey Singh and Mukesh Kumar has been disposed of by me on 22.12.2023.

This is an application under Section 439 of Cr.P.C. in connection with Malkangiri P.S. Case No. 292 of 2023 corresponding to Special G.R. Case No. 129 of 2023 pending in the Court of the learned Sessions Judge -cum- Special Judge, Malkangiri registered for commission of offences punishable under Section 20(b)(ii)(C), 25, 27-A, 29 of NDPS Act.

The prayer for bail of the petitioner along with Dula Madkami and Mara Madhi had been rejected on 09.01.2024 by the learned Sessions Judge -cum- Special Judge, Malkangiri.

The prosecution allegation in brief is that on 23.05.2023 the S.I. of Malkangiri Police Station along with his staff were performing the patrolling duty in Malkangiri town and nearby area. Near Titibiri Chowk, at about 5.30 A.M, on suspicion they detained a red colour Eicher vehicle with Registration No. UP-80-GT-4902 which was coming from Matapaka side. The dalla of the vehicle was searched and 12 bags containing contraband Ganja and six boxes containing battery were recovered. They could confirm it to be ganja from their past professional experience. In the cabin of vehicle, tax invoice of the battery and registration certificate of the vehicle were found. The driver of the vehicle disclosed his name and identity and on further examination the accused confessed that they were transporting ganja to U.P supplied by Mara Madhi who was escorting the vehicle by motor cycle for selling at a higher price. Money was provided by Mukesh Kumar and Dula Madkami for procurement of the ganja. On search 360 kgs of ganja in 12 bags was recovered and seized. As the accused persons could not produce any license or authority for possessing the same, they were arrested.

Mr. Pranab Kumar Das, learned counsel for the petitioner submits that false allegation has been made against the petitioner who is in custody since 23.05.2023 and in the meanwhile, as investigation has been completed, all the accused have been arrested and the petitioner is the first offender, he may be released on bail.

Ms. S. Mishra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that 360 kgs. of ganja has been seized from the dalla of the Eicher in which the present petitioner and co-accused Vikkey Singh, Mukesh Kumar and Dula Madkami were travelling. As the ganja has been recovered from the conscious possession of the petitioner and the co-accused, he should not be released on bail.

In view of the quantity of ganja seized and the provisions of Section 37 of NDPS Act, I am not inclined to release the petitioner on bail. But considering the fact that he is in custody since 23. 05.2023, the learned Trial Court is directed to make an endeavour to dispose of the trial by the end of July, 2024

Urgent certified copy of this order be granted on proper application.

Copy of this order be sent to the Court of the learned Sessions Judge -cum- Special Judge, Malkangiri forthwith.

………………………..