Noorjahan Bibi @ Khatoon vs State Of Odisha

G. Satapathy, J

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

The petitioner by way of this application U/S.439 of Cr.P.C., prays to grant her regular bail in connection with Special G.R. Case No.22/2022 arising out of Badambadi P.S. Case No.232 of 2022 pending in the file of learned Session Judge-Cum-Special Judge, Cuttack, for commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of possessing 61 Kgs. 500 Grams of Contraband Ganja.

Heard Mr. S. Mitra, learned counsel for the petitioner and Mr. S.S. Pradhan, learned AGA in the matter. It is however, contended for the petitioner that she was not at all possessing the aforesaid commercial quantity of Contraband Ganja, but even if, the materials on record are taken into consideration, she would be found only for possessing 14 Kgs. of Contraband Ganja, which is not coming under commercial quantity and the petitioner having already detained in custody since 20.08.2022, may kindly be granted bail.

This petitioner moves her bail application on a extraordinary ground of having a breast sucking child. Be it noted, the petitioner was earlier granted interim bail for a period of two months and the petitioner after availing the interim bail, had voluntary surrendered to the custody.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the status of the present petitioner as lactating mother and her having an infant on her lap, this Court by taking a compassionate view and considering the exigency, grants bail to the petitioner.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/-(Rupees Fifty Thousand) 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 and

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

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 for any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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