Siba Patra vs State Of Odisha

D.Dash, J

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

This is the 2nd journey of the Petitioner, who is in custody in connection with Padampur P.S. Case No.18 of 2019 corresponding to C.T. Case No.19 of 2019 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur running for the alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act, in filing this application under section 439, Cr.P.C., for his release on bail.

Learned counsel for the Petitioners submits that on the allegation that the Petitioner was in possession of 82 kgs. And 200 grams of ganja, he being arrested in the case is in custody since 3.4.2019. He further submits that the police is said to have intercepted two motorcycles and one bicycle and from the motorcycles in which according to the prosecution case, this Petitioner was sitting, 34 kgs. of ganja is said to have recovered whereas the total quantity of ganja recovered from two motorcycles and one bicycle being added, this Petitioner is attributed with the possession of the said quantity. It is his submission that the motorcycle of this Petitioner was actually given to accused Babula Naik, who is said to have escaped from the place and this Petitioner being called from his house, has been arraigned falsely saying that he was also with his motorcycle then. In view of all these above, when the trial has not made any substantial progress, he contends that the bar under section 37 of the NDPS Act at this stage would not stand on the way of grant of bail to the Petitioner. He, therefore, urges for grant of bail to the Petitioner.

Learned counsel for the State opposes the move in view of the quantity of ganja involved in the case. According to him, in the totality of the facts and circumstances of the case as those emanate from the materials on record, it is too early a stage to take a view that the attribution of the possession of the total quantity of ganja recovered from motorcycles and bicycle to the Petitioner is not proper.

Considering the submissions made and on going through the materials as placed as also the order passed by this Court in BLAPL No.4056 of 2019; further keeping in view the surrounding circumstances including the factum of detention of the petitioner in custody, while being inclined to reconsider the prayer for grant of bail to the Petitioner; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that that he will appear in person before the court in seisin of the case on each and every date of posting of the case till conclusion of the trial.

Violation of any of the condition(s) shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules..

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