Papai Das Vs State of Odisha

This is a bail application U/S.439 of Cr.P.C. by the petitioners for grant of bail arising out of Cuttack P.R. Case No.410 of 2022-23 corresponding to Special 2(a)CC Case No.2 of 2023 pending in the Court of learned Sessions Judge-cum-Special Judge, Cuttack for commission of offence punishable under Sections 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 45 Kgs of Contraband Ganja in a Renault Kwid Climber car bearing Regd. No.WB24-AT-9456.

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Heard, Mr. S.S. Dash, learned counsel for the petitioners and Mrs. S.R. Sahoo, learned ASC and in the present matter and perused the record.

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It is brought to the notice of the Court that despite the petitioners being in custody since

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05.01.2023 and charge having already been framed on 20.07.2023, no witness has yet been examined as on 06.02.2024. Further, on being asked, the learned ASC apprises this Court that no criminal antecedent has been reported against the petitioners. The quantity of Contraband Ganja allegedly recovered from the possession of the petitioners is for commercial quantity and the provisions of Section 37 of NDPS Act may ordinarily be attracted. However, taking into consideration the aforesaid fact of nonexamination of the witnesses despite the custody period of the petitioners for more than one year, this Court is satisfied that the conditions of Section 37 of NDPS Act may be dispensed with at this stage.

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For the reasons stated hereinabove and taking into consideration the rival submissions and on going through the materials placed on record, especially when no criminal antecedent is reported against the petitioners, this Court considers the bail application of the petitioners favourably. This Court, however, finds some force in the submission of the learned ASC that the petitioners being the residents of outside State of Odisha, some stringent conditions are required to be imposed upon them for grant of bail to them.

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Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/(Rupees Twenty Five Thousand) each with two local

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solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioners shall not commit any offence while on bail,

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(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law,

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(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay and

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iv) the petitioners shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of their release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if

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any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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It is made clear that the Court in seisin of the case, while releasing the Petitioners on bail may verify the residential proof of the local sureties by taking the help of local police, if required to ascertain their proof of residence and such exercise must be completed within a reasonable period of not more than one week.

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Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge

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S. Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Feb-2024 14:27:48

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Papai Das v. State of Odisha

Case brief

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Papai Das v. State of Odisha

Case brief

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