Raj Kumar Mirdha vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

2.The  Petitioner  is  an  accused  in  connection  with C.T.(Special) Case No.61 of 2023, pending in the Court of the Sessions Judge-cum-Special Judge, Bargarh, arising out of Ambabhona P.S. Case No.142 of 2023, for commission of alleged offences under Sections 20(b)(ii)(C)/29 of NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Bargarh by order dated 16.01.2024 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by order dated 03.08.2023 in BLAPL No.8034 of 2023 since the same was during the currency of investigation.

The allegation against the Petitioner is of possession of contraband to the tune of 69Kgs 760gms (Ganja) which was recovered from the vehicle bearing Registration No.OD-17-C-9880 which was being driven by the Petitioner.

It is submitted with vehemence by the learned counsel for the Petitioner that being the paid employee he was only acting at the dictates of his owner and as such conscious and exclusive possession cannot be attributed to him.

It is further submitted by the learned counsel that the Petitioner is the first offender and as the Prosecution has sought to rely on 18 witnesses to drive home the charge, the trial is likely to linger. Hence, the bail application of the Petitioner may be considered liberally.

Learned counsel for the State opposes the prayer for bail and submits that the defence stand on the face of it is liable to be rejected keeping in view the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 and submits that since charge sheet has already been filed prima facie case is well made out and hence keeping in view the rigors of Section 37(1)(b)(ii) of NDPS Act and more particularly the first limb thereof, the Petitioner is not entitled to be released on bail.

Considering the role ascribed to the Petitioner as the driver and he is the first offender as stated and he having his home and hearth within the jurisdiction of the learned Court in seisin, this Court directs his release on bail on such terms to be fixed by the learned court in seisin.

Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per the rules.

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