Mara Madhi vs State Of Odisha

Savitri Ratho, J

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 Indrajit Madhi and Dula Madkami 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, investigation has been completed and all the four accused persons have been arrested. He further submits that since the petitioner was not an occupant of the Eicher vehicle and was rider the TVS scooty from which there has been no recovery of any incriminating material, the bar under Section 37 of NDPS Act will not be attracted for which he may be released on bail. He further submits that he has no criminal antecedents.

BLAPL No. 438 of 2024 and BLAPL No. 1183 of 2024 filed by the co-accused persons have been rejected today as it was alleged that they were travelling in the Eicher vehicle from which the ganja has been recovered.

Ms. S. Mishra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that the petitioner and co-accused persons were travelling together and the petitioner was escorting the Eicher vehicle on his TVS scooty for which the case under Section 20(b)(ii)(C) of the NDPS Act is squirrely made out against him and Section 37 of NDPS Act will be a bar for consideration of his prayer for bail.

Considering the materials collected by the prosecution, the submission of the learned counsel and the allegation that the petitioner was riding the TVS scooty and no ganja has been recovered from it and the submission that the petitioner has no criminal antecedent, I am of the view that Section 37 of NDPS Act, will not be a bar to release him on bail. I am therefore inclined to allow the prayer for bail.

The petitioner- Mara Madhi shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification he has no criminal antecedents under the NDPS Act, including the following conditions:

(i) He will not commit any offence while on bail.

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

(iii) He will report before the Malkangiri Police Station once a month preferably on the first Sunday or Monday between 3.00 p.m. to 5.00 p.m., till conclusion of trial.

(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 any 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 Ms. S. Mishra, learned Addl. Standing Counsel for the State for onward transmission to the I.I.C., Malkangiri Police Station.

………………………..