Allowed

Sumanta Rana v. State of Odisha

Orissa HC23 Apr 2024BLAPL/177/2024

Case brief

AI extract

What is this about?

In Special G.R. Case No.30 of 2023 involving alleged ganja transportation, the High Court of Orissa granted bail to the petitioner under Section 439 Cr.P.C. pending trial, subject to a bond and specific conditions of reporting and non-interference.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs.40,000/- with two sureties, subject to conditions of reporting to police and abstaining from similar offences.

Sumanta Rana Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.177 of 2024

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Sumanta Rana

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..... Petitioner

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Represented By Adv. - Sk. Zafarulla,anirudha Das,amarendra Das,abanindra Das,s.c.mishra,k.behera

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-versus-

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State Of Odisha

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..... Opposite Parties Represented By Adv. – Mr.A.P.Das,ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

23.04.2024

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

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

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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 Special G.R.Case No.30 of 2023, arising out of Sonepur P.S. Case No.206 of 2023, pending in the Court of learned Sessions Judgecum-Special Judge, Sonepur for alleged commission of offence punishable under Sections 20(b)(ii)(C)/25/29 of the NDPS Act.

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Page 1 of 4.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 11.09.2023. He further contended that in the meantime investigation has been concluded and final C.S. has been submitted. Referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that so far the Petitioner is concerned, the allegation is that he was escorting the Bolero vehicle by a bike. It is also contended that a total quantity of 101 kg of 600 grams of contraband ganja was recovered from the Bolero vehicle and the coaccused has already been released on bail. It is further contended by the learned counsel for the Petitioner that no contraband article was recovered from the exclusive and conscious possession of the Petitioner. It is also contended that even if accepting the F.I.R. allegation is true, then also no case is made out against the present Petitioner. He also contended that the Petitioner being a resident of the locality, there is no chance of his absconding. It is also contended by the learned counsel for the Petitioner that the Petitioner does not have any criminal antecedent of similar nature. On such ground, learned counsel for the Petitioner be released on bail on any terms and conditions.

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Learned Additional Standing Counsel on the other hand, objected to the release of the Petitioner on bail. Further the allegation made in the F.I.R. are serious in nature. He further submitted that the cases of illegal transportation of contraband article are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons, who are involved in such type of offence. It is also contended that it is an admitted fact that the Petitioner was

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Page 2 of 4.

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escorting the Bolero vehicle from which contraband ganja was recovered, therefore the knowledge of the Petitioner with regard to possession of ganja cannot be ruled out. On such ground learned counsel for the State has submitted that the prayer for bail of the Petitioner be rejected.

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Having heard learned counsels for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and keeping view the facts and circumstances of the case, further taking into consideration the custodial detention of the Petitioner as well as the fact that the Petitioner does not have any criminal antecedent and that nothing was recovered from the conscious and exclusive possession of the Petitioner, this Court is inclined to released the Petitioner on bail on furnishing a bail bond of Rs.40,000/- (Rupees Forty Thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following conditions:-

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i) he shall not be involved in any offence of similar nature while on bail;

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II) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

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III) he shall not make any default in attending the court during trial on each date without fail;

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IV) he shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00

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Page 3 of 4.

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A.M. to 1.00 P.M. till conclusion of the trial.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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Further, the release of the Petitioner shall also be subject to on the verification of any criminal antecedent of the Petitioner by the learned Court below. In the event, it is found that the Petitioner has any criminal antecedent of similar nature then the bail order shall not be given effect to.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra ) Judge

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RKS

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Page 4 of 4. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 25-Apr-2024 10:12:21

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Signature Not Verified

Sumanta Rana v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sumanta Rana v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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