Rajendra Thakur @ Rajendra Kumar Thakur Vs State of Odisha

This is the second journey of the Petitioner, who is in custody in connection with Machhakund P.S. Case No.83 of 2021 corresponding to T.R. Case No.78 of 2021 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput, running for the commission of offence under section- 20(b)(ii)(C) of the NDPS Act, in filing this application under Section 439 Cr.P.C. for reconsideration of the prayer for grant of bail to the Petitioner in the above mentioned case.

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Learned Counsel for the Petitioner submits that this Petitioner being the occupant of Toyota vehicle has been arrested in the case alleging his involvement in transportation of 89 kgs. of ganja in that vehicle. He further submits that since another vehicle was coming close to the vehicle wherein the Petitioner was sitting, the possession of the ganja recovered from that vehicle is also attributed to this Petitioner and the prosecution has projected the case that all those persons in the vehicles are involved in transportation of total 216 kgs. of ganja. He submits that the Petitioner being engaged by his owner and carried out his

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direction and others having accompanied him from their native State of Madhya Pradesh, he has been the victim under the circumstances. He further submits that despite detention of the Petitioner in custody since 26.09.2021, no witness has yet been examined in the trial and therefore early conclusion of the trial is not expected. In view of all these above, according to him the bar contained under section-37 of the NDPS Act at this stage does not stand on the way of grant of bail to the Petitioner. He therefore, urges for reconsideration of the prayer for grant of bail to the Petitioner.

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Learned counsel for the State opposes the move. According to him, this vehicle and other vehicles were moving together and therefore all have been rightly attributed to be in possession of the total quantity of ganja seized from both the vehicles. He, however does not dispute the position that the trial has not made any noticeable progress.

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Taking into account the submissions made; further keeping in view the surrounding circumstances especially, the period of detention of the Petitioner in custody as also the factum of grant of bail to the co-accused and his conduct in abiding by the conditions imposed; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-

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i. he shall furnish his address along with the contact mobile number by way of affidavit and in case of any change, shall intimate the same in that way;

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ii. shall appear in person before the Court in seisin of the case on each and every date of posting of the case till conclusion of the trial except under some exceptional circumstance to the satisfaction of the Court;

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iii. shall appear before the Inspector-in-Charge of Harda Police Station, in the District of Harda (Madhya Pradesh) every Monday in between 10 am to 2 pm for a period of next one year; and

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