Allowed

Pratap Behera v. State of Odisha

Orissa HC12 Aug 2024BLAPL/1311/2024

Case brief

AI extract

What is this about?

High Court granted bail to Pratap Behera, a juvenile occupant of a vehicle from which ganja was recovered, in an N.D.P.S. Act case. Court directed verification of criminal antecedents.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs.30,000 with two local solvent sureties for the same amount.

What the court decided

Pratap Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1311 of 2024

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Pratap Behera

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..... Petitioner

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Represented By Adv. – Mr. Kali Prasanna Mishra, Senior Advocate along with Mr. Adyasidhi Mishra, Advocate

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-versus-

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State Of Odisha ..... Opposite Party Represented By Adv. - Miss Babita Sahu, C.G.C. for N.C.B.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

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ORDER 12.08.2024

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Order No.

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1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

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Mr. Adyasidhi Mishra, learned counsel enters appearance on behalf of the Petitioner by filing a Vakalatnama in Court today, which be kept on record.

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A Memorandum has been filed in favour of Mr. Kali Prasanna Mishra, learned Senior Advocate by the learned counsel for the Petitioner to plead for the Petitioner. The same be kept on record.

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Heard learned Senior Counsel appearing for the Petitioner and learned Central Government Counsel for the Opposite

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Page 1 of 4.

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Party-N.C.B.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with T.R. Case No.15 of 2024, arising out of NCB Crime No.01/NCB/BBSR/2024, pending in the Court of learned Sessions Judge, Khurda at Bhubaneswar, for alleged commission of offences punishable under Sections 20(b)(ii)C/25/28/29 of the N.D.P.S. Act.

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It is submitted by the learned Senior Counsel appearing for the Petitioner that the Petitioner is in custody since 11.01.2024. He further contended that in the meantime investigation has been concluded and charge sheet has been filed. Referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that a total quantity of 50 Kgs. of contraband Ganja was recovered from the possession of the accused persons while they were travelling by a Car. So far the present Petitioner is concerned, it is stated that he was an occupant of that Car and aged about 23 years. He further contended that the Petitioner is no way connected with the crime, however, he has been falsely implicated in the present case. Learned counsel for the Petitioner further contended that the Petitioner does not have similar criminal antecedent and that he belongs to the locality, therefore, there is no chance of his absconding. On such ground, learned Senior Counsel appearing for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions that would be imposed by this

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Page 2 of 4.

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Court which the Petitioner shall abide by while on bail.

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Learned counsel for the N.C.B., on the other hand, opposed the release of the Petitioner on bail on the ground that the Petitioner is an occupant of the vehicle from which the alleged contraband Ganja was recovered. She further contended that taking into consideration the quantity of Ganja recovered, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. She further submitted that illegal transportation of Ganja are rise in the State of Odisha now a days. Therefore, no leniency should be shown to the present Petitioner.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking into note of the fact that the Petitioner is aged about 23 years and that he does not have any criminal antecedent and that he is custody since 11.01.2024, this Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/(Rupees thirty thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions that would be imposed by the Court in seisin over the matter. Violation of any terms and conditions shall entail cancellation of bail.

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Page 3 of 4.

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It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

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The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( Aditya Kumar Mohapatra) Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 14-Aug-2024 10:10:09

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Page 4 of 4.

Pratap Behera v. State of Odisha

Case brief

What is this about?

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What the court decided

Pratap Behera v. State of Odisha

Case brief

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What the court decided

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