Gupteswar Nag Vs State of Odisha

This is the successive journey of the Petitioner, who is in custody in connection with Khariar P.S. Case No. 274 of 2018, corresponding to S.A. Case No.88/29 of 2018-19, on the file of learned Addl. Sessions Judge-cum-Special Judge, Nuapada running for alleged commission of offence under Section-20(b)(ii)(C) of the

¶13

NDPS Act, in filing this application under Section-439 of the Cr.P.C. for his release on bail.

¶14

Learned counsel for the Petitioner submits that on the allegation that this Petitioner was in possession of 67 Kgs. 05 grams of ganja in the vehicle, he having been arrested in the case is in custody since 09.12.2018 and trial has just on the midway that out of 24 charge sheeted witnesses, 12 witnesses have been examined by now. Inviting the attention of this Court to the depositions of the witnesses, he points out as to how they are in variance with one another. In view of all the above, he submits that at this stage, the bar contained under Section-37 of the NDPS Act

¶15

Page 1 of 3

¶16

// 2 //

¶17

does not stand on the way of grant of bail to the Petitioner. He further submits that co-accused, Sunil Bagarty who was travelling in the very vehicle with the Petitioner has been released on bail by order dated 12.11.2021 in BLAPL No.8787 of 2021. It is also submitted that other co-accused persons who were travelling in the vehicle said to have carrying 74.942 Kgs. of ganja have also been released on bail in BLAPL No.7787 of 2020 and 9943 of 2023. He, therefore, urges for reconsideration of the prayer for grant of bail to the Petitioner as according to him, there remains no scope on his part to flee from justice and tamper the evidence. In view of all these above, he urges for grant of bail to the Petitioner.

¶18

Learned Counsel for the State opposes the move, in view of the quantity of the contraband involved in the case. According to him, since other material witnesses are yet to be examined, release of the Petitioner on bail, at this stage, may push the conclusion of the trial to uncertainty.

¶19

Taking into account the submissions made; further keeping in view the materials on record as those stand against the Petitioner with other surrounding circumstances including the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant of bail to the Petitioner, 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 is seisin of the case with further conditions that:-

¶20