Bail application dismissed. The petitioner, detained in the Sunabeda PS case for alleged transport of ganja under NDPS Act, sought release. The court, considering the gravity of the offence and quantity seized, rejected the bail prayer.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 3170 of 2021
Sujit Badabura
…. Petitioner
Mr. D.P. Dhal, Senior Advocate
-versus-
State of Odisha
…. Opposite Party
Mr. M.K. Mohanty, Additional Standing Counsel
CORAM:
JUSTICE S. K. PANIGRAHI
ORDER
Order No.
07.07.2021
03. 1 . This matter is taken up by video conferencing mode.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner being in custody in connection with Sunabeda P.S. Case No.20 of 20-21 corresponding to T.R Case No.19 of 2021 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Koraput for the commission of offences under Sections 20(b)(ii)(C) of NDPS Act has prayed for his release on bail.
4. It is alleged that on 4.2.2021, on getting information regarding illegal transportation of Ganja, the informant detained a Bolero vehicle bearing Regd. No.OR 08 E 7300 and one Eicher Vehicle bearing Regd. No.OD 02 A 3954. On search, they found two persons in Bolero and four persons in Eicher vehicle who were the occupants including the drivers. On search, they found nine numbers of bundles from Bolero each containing 5 kg. 100 grams and 23 numbers of bundles from the Dala of the Eicher containing 5 kg. 100 grams each, in toto 162 Kg. 800 grams including the jerry bags. On being asked, the accused persons disclosed their
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identity but failed to produce any documents regarding authorization for transportation of such contraband Ganja.
5. Learned counsel for the petitioner submits that the petitioner has no nexus in the alleged offence. The petitioner has been falsely implicated in this case due to the ulterior motive of the informant. The basic ingredients are not at all attributed against the petitioner for the alleged offence. The petitioner is languishing in custody since 04.02.2021.
6. Learned counsel for the State vehemently objects the prayer of the petitioner for release on bail.
7. Considering the submissions made, facts and circumstances of the case, nature and gravity of the offence, punishment prescribed for the same and the quantity of ganja seized, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail stands rejected.
8. The Bail Application is dismissed.
9. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March 2020.
(S. K. Panigrahi) Judge
sp
Page 2 of 2
2 issues framed by the court
Whether the petitioner should be released on bail in custody pending trial for alleged offence under NDPS Act.
Whether the allegations of false implication and lack of nexus justify granting bail.
1 provisions across 1 enactments
Sujit Badabura
State of Odisha
S. K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
