Suraj Prakash vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in connection with G.R. Case No.26 of 2022(N), pending before the Court of the learned Sessions Judge-cum-Special Judge, Ganjam, arising out of GOLANTHARA P.S. CASE NO.108 OF 2022, for alleged commission of offences under Sections-20(b)(ii)C of NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners 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 Addl. Sessions Judge, LR & LTV, Berhampur, I/c by order dated 26.12.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 27.03.2022 on the accusation that he along with co-accused were involved in transportation of ganja to the tune of 300.7 kg. In the meanwhile trial has commenced.

It is submitted by the learned counsel that the Petitioner being a helper has no knowledge about the contraband being carried by the said truck and he is the victim of circumstances.

It is further submitted that there is violation of Section-42 & 50 of the NDPS Act, for which he is entitled to released on bail.

Learned counsel for the State opposes the prayer for bail during the currency of trial. It is his further submission that in view of the bar contained in Section-37(1)(b)(ii) of the NDPS Act the BLAPL is liable to be rejected . On the basis of recitals in the case diary it is stated that, there is no substance regarding violation of Section-42 and 50 of NDPS Act. Alternatively it is submitted that since the same has to be decided in the ongoing trial, no finding regarding the same can be recorded at this stage since, it would affect the ongoing trial.

It is also submitted by the learned counsel for the State that the Petitioner is a flight risk.

Considering the submission of the learned counsel for the Petitioner that trial is lingering, a report was called for from the learned Court in seisin. In such report dated 06.12.2023, it is stated that out of 16 charge sheeted witnesses 5 have already been examined and the case is posted to 16.12.2023 for trial and the learned Court has sought for 6 months time for conclude the trial. The evidence of P.Ws-1 to 5 are also on record.

Taking into account the nature of allegation. Since, prima facie the conscious and exclusive possession is well established, this Court is NOT INCLINED to entertain the bail application at this stage.

Leave is granted to the Petitioner to renew the prayer, if the trial is not concluded by the end of May, 2024.

It is needless to state here that observation made herein are only for the purpose of consideration of bail and ought not to be construed in any way as expression of any opinion relating to the complicity of the Petitioner which has to be adjudicated independently in the impending trial including his contention relating to violation of mandatory provisions under Section-42 and 50 of the NDPS Act.

Accordingly, the BLAPL stands disposed of.

Registry is requested to communicate this order.

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

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