Ananda Dandia Vs State of Odisha

The Petitioner is an accused in connection with T.R. Case No.80 of 2023 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Gunupur, arising out of Muniguda P.S. Case No.164 of 2023 for commission of offence alleged under Sections 20(b)(ii)(c)/29 of the NDPS Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge, Gunupur, by order dated 25.01.2024 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody since 29.05.2023 on the allegation that he along with coaccused were transporting contraband (ganja) to the tune of 26 kg 940 grams of Ganja.

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It is submitted by the learned counsel for the Petitioner referring to the charge sheet that the seized contraband was marked as packages-1 to 3. And, Package No.2 was seized from the present Petitioner and from the said package 11 kg 500 grams of contraband (ganja) was seized.

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Recitals to this effect at page-13 (F.I.R) of the brief as noted, reads thus:

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xxx xxx xxx

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“Package 2 was weighed and found to be 11 KG 500 gram. On opening of Package No. 2 found 12 identical yellow cello tape wrapped packets contacting ganja which were marked as Packets i.e. P-01 to P-12 and individually weighed, weights were noted in each packets viz. P-01 1kg 80 gram, P-02 1 kg 60 gram, P-03 0 kg 580 gram,P-04 0kg 580 gram, P-05 0 kg 560 gram, P-06 0 kg 440gram, P-07 1 kg 60 gram, P-08 1 kg 60 gram, P-09 0 KG 480 gram and P- 10 1 Kg 100 gram, P-11 1 kg 60 gram and P-12 2 kg 80 grams all total net weight of ganja Packets were found to be 9 kg 340 grams. In the similar way as done in Package No-1, all 12 Packets were cut, verified that contains ganja and later on sealed using paper slips with fevicol and containing all details and signatures in order to make those packets intact and again kept those in the said Package no.2 in its original form. The Package No. 2 containing 9 kg 340 gram of ganja was properly sealed with its chains in order to ensure its safety. Later, the said package No.2 was packed with a piece of white cloth, stitched properly, sealed by hot wax using my personal brass seal.

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xxx xxx xxx

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Referring to the same, learned counsel for the Petitioner submits that further continuance of the Petitioner in custody is unwarranted and also submits that the Petitioner is the first offender.

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Learned counsel for the Petitioner relies on the order dated 09.02.2024 & 11.03.2024 passed by this Court in respect of the coaccused in BLAPL No. 14263 of 2023 and BLAPL No.706 of 2024 respectively and seeks release inter alia on the ground of parity.

¶29

Learned counsel for the State opposes the prayer for bail in view of bar contained in Section 37(1)(b)(ii) of the NDPS Act and submits that the bifurcation as being made is not permissible to be done at this stage and also opposes the prayer since the Petitioner is a flight risk.

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Considering the independent seizure as noted, Petitioner being the first offender as stated and taking into account submission of final form, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent.

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If it comes to fore that the Petitioner has criminal antecedents of any nature, this order shall not be given effect to. 14. Additionally it is directed that, the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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It is needless to state here that the observations made herein are only for the purpose of consideration of bail and ought not to be understood as this Court expressing any opinion regarding the complicity of the Petitioner and the same has to be adjudicated independently in the impending trial.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rule.

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Signature Not Verified17.

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Mar-2024 14:34:01

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Ayesha

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Ananda Dandia v. State of Odisha

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Ananda Dandia v. State of Odisha

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