Disposed

Dusmanta Nayak v. State of Odisha

Orissa HC27 Sept 2024BLAPL/6020/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 CrPC in an NDPS case where 40 kg ganja was allegedly recovered from a car carrying five accused. The court held the bar under Section 37 NDPS Act was not attracted given the quantity was shared among five persons and custody since June 2024, and granted bail on stringent conditions.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.40,000 with two local solvent sureties, subject to stringent conditions including automatic revocation if similar antecedents are found.

Dusmanta Nayak Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6020 of 2024

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1) Dusmanta Nayak ..... Petitioners 2) Prasanta Digal Represented By Adv. - 3) Sabikanta Pradhan Mahes Das 4) Sunil Pradhan 5) Bhimsen Pradhan -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Mr.M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

27.09.2024

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

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Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the StateOpposite 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 2(a) C.C.No.07 of 2004(N), arising out of P.R.Case No.183 of 2024-25 of Sub-Inspector of Excise EI & EB, Unit-II, S.D. Berhampur pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Aska, for

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Page 1 of 4.

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alleged commission of offences punishable under Sections 20(b)(ii) C, of the N.D.P.S. Act.

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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 03.06.2024. He also submitted that in the meantime the enquiry has progressed substantially. Further referring the allegations made in the P.R., learned counsel for the Petitioner submitted that as per the P.R. allegation five persons were travelling in a car which was intercepted by the Excise Mobile team. On search, it was detected that a total 40 kg. of contraband ganja was recovered from the said vehicle. Learned counsel for the Petitioner further contended that taking into consideration that five persons were present and total quantity of 40 kg. of contraband ganja was recovered, the bar under section 37 of the Act is not attracted to the fact of the resent case. He also contended that the Petitioner does not have any criminal antecedent. He further contended that since the Petitioner belongs to the locality, there is no chance of his absconding. On such grounds, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, objected to the release of the Petitioner on bail on the ground that the investigation is on. He further contended that allegations made against the Petitioner are serious in nature. He further submitted that the cases of illegal transportation of contraband

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Page 2 of 4.

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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. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard learned counsels for the respective counsels, on careful examination of the materials on record and further taking note of the fact that the total quantity of 40 kg of ganja was recovered from five accused persons, bar under section 37 of the Act would not be applicable to the present case, further taking into consideration the fact that the Petitioner is in custody since 03.06.2024, this Court is inclined to release the Petitioner on bail on stringent conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Release of the Petitioner shall be subject to such terms and conditions as would be deemed just and proper by the learned court in seisin over the matter. Violation of the conditions shall entail cancellation of bail.

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It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner has any criminal antecedent of similar nature, then this bail order shall

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Page 3 of 4.

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automatically stand revoked.

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9 The Bail Application is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra)

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RKS

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Judge

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Signature Not Verified

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Page 4 of 4.

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 30-Sep-2024 15:19:11

Dusmanta Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dusmanta Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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