Allowed

Sashi Bhusan Mallick v. State of Odisha

Orissa HC23 Sept 2021BLAPL/3786/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner charged under the NDPS Act for transporting ganja. The court held that the specific circumstances of the case allowed for bail release, imposing conditions regarding reporting to the police station.

What did the court decide?

Petitioner released on bail with conditions to report at IIC, Balliguda Police Station on Mondays until trial conclusion and appear in court on posting dates.

Sashi Bhusan Mallick Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.3786 of 2021

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Sashi Bhusan Mallick

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…. Petitioner Mr. Mahes Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Miss Samapika Mishra, ASC

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CORAM:

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MR. JUSTICE D.DASH ORDER 23.09.2021

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Order No.

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This matter is taken up through hybrid arrangement (virtual/physical mode).

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The Petitioner being in custody in connection with Balliguda P.S. Case No.15 of 2021 corresponding to C.T. Case No . 09 of 2021 on the file of learned Special Judge-cum-Addl. Dist. & Sessions Judge, Balliguda running for commission of offence under section 20(b)(ii)(C)/25/29 of NDPS Act has filed this application under section 439 of the Cr.P.C. for his release on bail.

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Learned counsel for the Petitioner submits that on the allegation that this Petitioner was involved in transportation of 40 kg 600 gms ganja; he has been in custody since 09.02.2021. He submits that as per the prosecution case at the time of interception of the vehicle, the Petitioner was found to be one

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of the two passengers with another accused on the driver seat. It is submitted that on search of the vehicle, two bags containing ganja are said to have been recovered from the dickey of the vehicle which is under the exclusive control of the driver. It is also submitted that this Petitioner being an innocent traveller having taken a friendly lift has been the victim of the circumstance. In the facts and circumstance as above, he contends that the bar under section 37 of the NDPS Act does not stand on the way of grant of bail to the Petitioner. In view of all these above, when the Petitioner has no such criminal antecedent and there remains no scope on his part to flee from justice or tamper the evidence; he urges for grant of bail.

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Learned counsel for the State opposes the move. According to her, it is too premature a stage to take a view that the Petitioner had no knowledge about the keeping of the bags containing ganja in the dickey of the vehicle. She however does not dispute the fact that the Petitioner has no criminal antecedent and that this Petitioner was one of the two passengers when the other was on the driver seat at the time of interception of the vehicle and search.

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Taking into account the submissions made; further keeping in view the materials on record and the quantity of contraband ganja said to have been seized as those stand against the Petitioner as also other surrounding circumstances including the period of detention of the Petitioner in custody and on going through the order passed by the learned Special

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Judge-cum-ADJ; 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 conditions that he will report before the IIC, Balliguda Police Station on every Monday in between 10 am to 02 pm till conclusion of the trial; will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial; and will not indulge himself in commission of similar offence.

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

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The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
(D.Dash)
Judge

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Aks

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Sashi Bhusan Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sashi Bhusan Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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