Single Judge granted bail to the petitioner in an NDPS offence for possession of ganja, noting his youth, lack of antecedents, and non-conscious possession of drugs, subject to trial court supervision.
Petitioner released on bail subject to terms fixed by the court below including reporting to IIC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13002 of 2023
Ananta Bala @ Gudu
….. Petitioner
Mr. Somanath Mitra, Advocate Vs.
State of Orissa
….. Opposite Party Mr. S.S. Pradhan, AGA
CORAM: JUSTICE SAVITRI RATHO
Order No.
ORDER 12.12.2023
(Through hybrid mode)
1. This application under Section 439 of Cr.P.C. has been filed in connection with Balianta P.S. Case No. 375 of 2023 corresponding to T.R. Case No. 560 of 2023 pending in the court of the learned District
& Sessions Judge, Khurda at Bhubaneswar under Sections 20 (b) (ii) (B) of the N.D.P.S. Act.
2. The prayer for bail of the petitioner has been rejected by a common order dated 08.11.2023 passed by the learned Special Judge, Khurda at Bhubaneswar in T.R. No. 560 of 2023 in respect of the petitioner and co-accused Kabuli @ Prasanna Routray and Jaladhar @
Jalandhar Swain.
3. The prosecution allegations in brief against the petitioner are that on 03.11.2023 afternoon, while the informant and his team were performing patrolling duty at Balianta Bazar, they received credible
information regarding transportation of ganja in a passenger auto
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bearing Registration No. OD-02D-3668 from Nuagaon side, being escorted by an Apache motor cycle bearing Registration No. OD02BM-0726. The informant and his team proceeded to the spot and detained the auto rickshaw as well as the motorcycle and during search, 9.630 kgs. of contraband ganja was seized from the auto rickshaw. As the petitioner and co-accused persons could not produce any authority for possession of the said ganja, the ganja was seized and they were
arrested.
4. Mr. Somanath Mitra, learned counsel for the petitioner submits that the petitioner is aged about 22 years and is in custody since 04.11.2023 and he does not have any criminal antecedents. The ganja has not been seized from his conscious possession as he was not an occupant of the auto rickshaw. He further submits that the affidavit has been filed the mother of the petitioner where she has stated that the petitioner has passed Class-X in the year, 2017 and +2 in the year, 2019
and due to financial crisis he has not been able to continue his education. In order to earn his living, the petitioner is imparting tuition to school students. He also submits that in view of the quantity of ganja seized, Section 37 of the NDPS Act will not be a bar for considering his prayer for bail.
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5. Mr. S.S. Pradhan, learned Additional Government Advocate
opposes the prayer for bail stating that investigation is at a nascent stage and accused may not co-operate with the investigation or trial if he is released on bail. He further submits that these types of crimes are
rising everyday and as investigation is in progress, the criminal antecedents of the petitioner are to be verified.
6. Considering the age of the petitioner, as ganja has not been
seized from his conscious possession and the submission that the petitioner does not have any criminal antecedents, I am inclined to allow the prayer for bail.
7. The petitioner- Ananta Bala @ Gudu shall be released on bail on
such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verification of his criminal antecedents, including the following conditions :
(i) He will not indulge in any criminal activity while on bail.
(ii) He will not tamper or try to influence prosecution witnesses while on bail.
(iii) He will report before the IIC, Balianta Police Station, once every Monday between 3.00 p.m. to 5.00 p.m., till completion of investigation.
(iv) He will remain present in the trial Court on each date it if
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fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day.
8. Violation of any condition will entail in cancellation of bail/
9. The BLAPL is accordingly disposed of. 10. Urgent certified copy of this order be granted on proper application.
11. Copy of this order be supplied to Mr. S.S. Pradhan, learned
Additional Government Advocate for onward transmission to the IIC,
Balianta Police Station.
(Savitri Ratho)
Judge
puspa
Signature Not Verified
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 13-Dec-2023 11:13:12
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2 issues framed by the court
Whether bail prayer in a narcotics case involving a young first-time offender should be allowed.
Whether the non-conscious possession of contraband affects the applicability of strict bail provisions.
2 provisions across 2 enactments
Ananta Bala @ Gudu
State of Orissa
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
