In a hybrid hearing, the High Court of Orissa allowed a bail application under Section 439 Cr.P.C. for a petitioner deeply involved in a Special NDPS case involving ganja transportation, discharging him subject to a bond and sureties.
Petitioner released on bail on bond of Rs. 50,000 with two local solvent sureties for the like amount.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1545 of 2021
Pramod Sahu
…. Petitioner
Mr.Manas Chand, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr.S.S. Pradhan, Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 06.08.2021
This matter is taken up through Hybrid arrangement (video conferencing/physical Mode). Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Special Case (NDPS) No.29 of 2019 arising out of Manamunda P.S. Case No.204 of 2016 pending in the Court of learned Sessions Judge -cum- Special Judge, Boudh for offences punishable under sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Special Judge, Boudh, which was rejected on 22.01.2021.
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Learned counsel for the petitioner submits that the petitioner is in judicial custody since 19.12.2020. The occurrence in question took place on 22.12.2016 and two accused persons, namely, Guna @ Gunasagar Meher and Pitambar Meher were found transporting contraband ganja of commercial quantity in a blue colour Maruti Zen car and after those two persons were apprehended and ganja was seized, F.I.R. was lodged on that day itself against those two co-accused persons for commission of offences under sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act. On completion of investigation, charge sheet was submitted on 17.06.2017 against the F.I.R. named accused persons under sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act, but the investigation was kept open. During the course of further investigation, it was found that one Himansu Prasad Singh is the registered owner of the offending vehicle which was transporting the contraband ganja on the date of occurrence and on being interrogated, the said Himansu Prasad Singh produced affidavits and Form no.19 and Form no.30 and one copy of the order sheet relating to transfer of the vehicle in favour of the petitioner and on that basis, the petitioner was arrayed as an accused in the case and final charge sheet was submitted against him on 24.12.2020. It is further submitted that except the so called affidavits and Form no.19 and Form no.30
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and one copy of the order sheet, which were produced by the registered owner of the offending vehicle, there is no other material to show that the petitioner was in actual possession of the vehicle on the date of occurrence or that he had any control over the vehicle at the time of occurrence. It is further submitted that the co-accused persons, who were carrying the contraband ganja as per the F.I.R. story, have already been released on bail and in view of the available materials on record, it cannot be said that the petitioner is guilty of the offence under sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act. Learned counsel further submitted that the petitioner has got no criminal antecedents and therefore, it cannot be said that he is likely to commit similar offence while on bail and thus, the bail application of the petitioner may be favourably considered.
Learned counsel for the State on verification of the case records, submitted that no contraband article has been seized from the possession of the petitioner and on the basis of certain documents, which were produced by the registered owner of the offending vehicle, the petitioner was taken into custody. He further submitted that the case diary does not reveal any criminal antecedents against the petitioner.
Considering the submissions made by the learned counsel for the respective parties, the nature
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of accusation against the petitioner, release of the co-accused persons on bail, absence of any criminal antecedents against the petitioner and taking into account the period of detention of the petitioner in judicial custody and keeping in view the provision under section 37 of the N.D.P.S. Act, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not indulge in similar activities while on bail and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.
The BLAPL stands disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
PKSahoo
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2 issues framed by the court
Whether the petitioner should be granted bail under section 439 Cr.P.C. in a special case under the NDPS Act pending charge sheet completion.
Whether the petitioner is likely to commit the offence while on bail considering his lack of criminal antecedents and co-accused release.
3 provisions across 2 enactments
Pramod Sahu
State of Odisha
S.K. SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
