Allowed

Dalabehera Santosh Dora @ D. Santosh Dora v. State of Odisha

Orissa HC1 Feb 2024BLAPL/3806/2023

Case brief

AI extract

What is this about?

Regular bail application under Section 439 Cr.P.C. by an accused detained for over a year for transporting about 42 kg of ganja, a commercial quantity attracting Section 37 NDPS Act. With only three of fifteen witnesses examined and no criminal antecedents shown, the court dispensed with Section 37 conditions and granted bail with conditions.

What did the court decide?

Bail granted on furnishing bond of Rs.1,00,000 with two solvent sureties, subject to conditions including attendance at trial, fortnightly police reporting for three months.

Dalabehera Santosh Dora @ D. Santosh Dora Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.3806 of 2023

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Dalabehera Santosh Dora @ D. … Petitioner Santosh Dora

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Mr. A. Biswal, Advocate

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-versus-

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State of Orissa

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… Opposite Party Mrs. S.R. Sahoo, ASC

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Order No.

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04.

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CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 01.02.2024

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

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This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Digapahandi P.S. Case No. 45 of 2023 corresponding to G.R. Case No.06 of 2023(N) pending in the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur for commission of offences punishable under Sections 20(b)(ii)(C) of the NDPS Act.

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None appears for the Petitioner at the time of call, but Mrs. S.R.Sahoo, learned ASC is present. A perusal of record would go to indicate that the Petitioner was found implicated in this case on the allegation of transporting 42Kgs and 700 Grams of Contraband Ganja in a Honda Activa-5G Scooty bearing Regd. No. OD-07AB-2075. However, on the last date, a report was called

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for with regard to the status of the trial in this case from the learned trial Court, which has reported that only 3 witnesses out of 15 of CS witnesses have been examined till today, but the Petitioner has been detained in custody since 31.01.2023 and in the meanwhile, more than a year has elapsed. The quantity of Contraband Ganja allegedly seized in this case is coming under commercial quantity and normally Sec. 37 of NDPS Act would be attracted in such situation, but it is not known as to when the trial would be concluded. However, it is presumed that the trial would take some more time to be concluded. In such situation, especially when no criminal antecedent of the Petitioner has been brought to the notice of this Court and taking into consideration the pre trial detention of the Petitioner in custody for more than a year, this Court is, however, satisfied that the conditions of Sec. 37 of NDPS Act may be dispensed with at this stage.

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For the reasons stated herein above and taking into consideration the pre trial detention of the Petitioner in custody, this Court admits the Petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties each 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 petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner 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 Petitioner for offence U/S.229-A of IPC in accordance with law ,

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(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay,

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(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his 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 petitioner without further reference to this Court, if 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

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petitioner in future any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per Rules.

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(G. Satapathy)

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Priyajit

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Judge

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 02-Feb-2024 15:16:58

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Dalabehera Santosh Dora @ D. Santosh Dora v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dalabehera Santosh Dora @ D. Santosh Dora v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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