Allowed

Dipti Ranjan Mohanty @ Papu v. State of Odisha

Orissa HC8 Nov 2021BLAPL/8344/2021

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C concerning possession of paraphernalia, the High Court of Orissa granted bail to the petitioner despite the recovery of contraband ganja from his vehicle, noting that the quantity was less than commercial and he had no criminal antecedents, subjecting him to strict conditions.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs.40,000 with one surety for the same amount, subject to conditions of not engaging in criminal activities, cooperating with the investigation offi

Dipti Ranjan Mohanty @ Papu 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. 8344 of 2021

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Dipti Ranjan Mohanty @ Papu

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…. Petitioner Mr.S.K.Dash, Advocate

-versus-

State of Odisha

Opposite Party

Mr.Abhinandan Pradhan , ASC

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CORAM:

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JUSTICE R.K.PATTANAIK

Order No.

ORDER

08.11.2021

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Adava P.S. Case No. 89 of 2021 corresponding to G.R. Case No. 90 of 2021 pending in the court of learned Special Judge-cumSessions Judge, Gajapati at Paralakhemundi.

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The F.I.R. was lodged by the complainant alleging that while he and other police officials performing patrolling duty near the spot, a white Maruti Car bearing Regd. No. OD10 N-1016 arrived and out of suspicion, the vehicle was stopped and thereafter, searched, during which, a plastic bag was recovered from its dickey, which was opened in presence of the witnesses and found to have 17 Kgs. 200 grams of contraband ganja inside it, which was seized. In that connection, the petitioner was arrested and forwarded to the court.

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Learned counsel for the petitioner submits that less than commercial quantity of commercial quantity was recovered from the accused and he is in judicial custody since 21.08.2021 and as he does not have any criminal antecedent, should be released on bail with any conditions.

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Learned counsel for the State admits that though there is no criminal antecedent against the petitioner but prima facie, recovery is established, as he was found in conscious possession of the contraband ganja. It seems that the investigation is under way. The quantity of 17 Kgs. 200 grams of contraband ganja is shown to have been recovered from the accused. It is of course from the conscious possession of the petitioner that the alleged recovery was made but then, the quantity is not commercial. Considering the submission of the learned counsel for the State regarding absence of criminal antecedent vis-à-vis the petitioner and in view of the fact that less than commercial quantity ganja was recovered from him and as in the meantime, substantial part of the investigation might be over, the Court is of the considered view that, the petitioner should be released on bail.

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In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.40,000/(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below in seisin over the matter with conditions that he shall not indulge himself in any such criminal activities, while on bail; and shall cooperate the I.O. for the purpose of investigation; and shall attend the P.S. once in a week.

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The BLAPL is accordingly disposed of.

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An urgent certified copy of this order be issued as per rules.

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(R.K.Pattanaik) km Judge

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Dipti Ranjan Mohanty @ Papu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dipti Ranjan Mohanty @ Papu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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