Disposed

Guru Pujari v. State of Odisha

Orissa HC6 May 2024BLAPL/424/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC for alleged NDPS offence of transporting contraband ganja. Considering custody since December 2023 and surrounding circumstances of recovery, the court granted bail with bond, sureties, fortnightly police appearance and an automatic revocation clause on antecedents.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.35,000 with two local solvent sureties, with conditions of fortnightly police station appearance for three months; automatic revocation if mor

Guru Pujari Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.424 of 2024

Guru Pujari

.....

Petitioner

Represented By Adv. – Ms. Bini Mishra

¶6

-versus-

¶7

State Of Odisha

¶8

.....

¶9

Opposite Parties

¶10

Represented By Adv. –

¶11

Mr. A.P. Das, A.S.C.

¶12

CORAM:

¶13

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

06.05.2024

Order No.

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

¶18

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials on record. Perused the materials on record.

¶19

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with T.R. Case No.93 of 2023, arising out of Boipariguda P.S. Case No.254 of 2023, pending in the Court of learned Sessions Judge-cum-Special Judge, Koraput at Jeypore, for alleged commission of offences punishable under Sections 20(b)(ii)(C) of the N.D.P.S. Act, 1985.

¶20

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 12.12.2023. She further submitted that investigating has progressed substantially

¶21

Page 1 of 3.

¶22

and charge sheet is likely to be filed very soon. Learned counsel for the Petitioner further contended that as per F.I.R. allegation, total 29 Kgs. 300 Grams of contraband Ganja have been recovered from the vehicle, which was driven by the present Petitioner. She further contended that the Petitioner has been falsely implicated in the present case. It was also contended that although the Petitioner is having one similar case, however, in the event the Petitioner is released on bail by this Court, the Petitioner shall abide by any terms and conditions that would be imposed by this Court.

¶23

Learned Additional Standing Counsel appearing for the StateOpposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made against the Petitioner are serious in nature. He further submitted that the cases of illegal transportation of contraband Ganja 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. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected.

¶24

Having heard the learned counsels appearing for the respective parties and on careful examination of the materials on record and further upon a surrounding circumstances the contraband Ganja was recovered from the vehicle, this Court is inclined to release the Petitioner on bail.

¶25

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/-(Rupees thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The

¶26

Page 2 of 3.

¶27

release of the Petitioner shall also be subject to the condition that he shall appear before the local police station once a fortnight, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M., for a period of three months.

¶28

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having more than one criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

¶29

The BLAPL is, accordingly, disposed of.

¶30

( A.K. Mohapatra)

¶31

Judge

¶32

Debasis

¶33

Signature Not Verified

¶34

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 07-May-2024 16:20:05

¶35

Page 3 of 3.

Guru Pujari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Guru Pujari v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Santanu Barik Vs State of Odisha

Pramod Kumar Behera Vs State of Odisha

Pramod Ranjan Panda Vs State of Odisha

Sridhar Nayak Vs State of Odisha

Bisei Munda Vs State of Odisha

Babulu Jena Vs State of Odisha