Disposed

Sandip Digal v. State of Odisha

Orissa HC27 Sept 2024BLAPL/6287/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC by two accused in an NDPS case involving recovery of about 48 kg 800 g ganja from a car carrying three persons, pending before the Special Judge, Cuttack. The court granted bail with conditions including fortnightly police reporting and verification of antecedents.

What did the court decide?

Petitioners released on bail on bond of Rs.40,000 each with two local solvent sureties, subject to stated conditions.

Sandip Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6287 of 2024

¶2

1) Sandip Digal ..... Petitioners

¶3

1. Purna Chandra Mallick

¶4

Represented By Adv. - Sushanta Harichandan

¶5

-versus-

¶6

State Of Odisha

¶7

..... Opposite Parties

¶8

Represented By Adv. –

¶9

Mr.M. K. Mohanty, ASC

¶10

CORAM:

¶11

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

27.09.2024

Order No.

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

¶16

Heard learned counsel appearing for the Petitioners and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

¶17

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with G.R. (Special) Case No.35 of 2024, arising out of Tangi P.S. Case No.115 of 2024, pending in the Court of learned Sessions Judge-cum-Special Judge, Cuttack, for alleged commission of offences punishable under Sections 20(b)(ii)C/25/29 of the N.D.P.S. Act.

¶18

It is submitted by the learned counsel for the Petitioners

¶19

Page 1 of 5.

¶20

that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioners are in jail custody since 05.05.2024. He further submitted that in the meantime investigation has progressed substantially and final charge sheet is likely to be filed very soon. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioners submitted that three persons were travelling by a Suzuki Dezire Car from which the contraband Ganja measuring 48 Kgs. 800 Grams of Ganja were recovered. Learned counsel for the Petitioners further submitted that from the possession of three accused persons including the present Petitioners five jerry bags of Ganja were recovered from which a total quantity of 48Kgs. 800 Grams of Ganja was recovered. Learned counsel for the Petitioners further submitted that the alleged contraband Ganja was not recovered from the exclusive and conscious possession of the present Petitioners. He further contended that taking into consideration the fact that 48 Kgs. 800 Grams of Ganja were recovered from three accused persons, the bar under Section 37 of N.D.P.S. Act would not be attracted to the facts of the present case. He further contended that the Petitioners do not have similar criminal antecedent. He further contended that although the Petitioners do not belong to the State of Odisha, however, they are ready and willing to abide by any terms and conditions that would be imposed by this Court in the event he is released on bail.

¶21

Learned counsel for the State, on the other hand, opposed the release of the Petitioners on bail on the ground

¶22

Page 2 of 5.

¶23

that allegations made against the Petitioners are serious in nature. He further contended that the investigation is still on. He further contended that in the event the Petitioners are released on bail, there is every possibility that they might abscond from justice which would eventually cause delay in conclusion of the investigation as well as filing of the charge sheet. 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 at this juncture.

¶24

Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking note of the fact that the Petitioners do not have any similar criminal antecedent, this Court is inclined to release the Petitioners on bail.

¶25

Hence, it is directed that the Petitioners 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. Further, the release of the Petitioners shall also be subject to the following condition:-

¶26

I) They shall file an affidavit before the trial court indicating therein his residential details and other details like Aadhar number, mobile phone number before the jurisdictional

¶27

Page 3 of 5.

¶28

police station and his release shall be subject to verification of the aforesaid details and such details as would be furnished by any of his relative in the shape of an affidavit; and

¶29

II) They shall not be involved in any offence of similar nature while on bail;

¶30

III) They shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever while on bail;

¶31

IV) They shall not make any default in attending the court during trial on each date without fail; and

¶32

V) They shall appear before the concerned Police Station once in a fortnight preferably on 'Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial.

¶33

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

¶34

It is open to the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

¶35

Additionally, the Petitioner No.2 shall furnish a cash of Rs.3,000/- (Rupees Three thousand) before the learned court in seisin over the matter, and shall be kept in any Nationalised Bank in interest bearing account initially for a period of one year which will be renewable from time to time

¶36

Page 4 of 5.

¶37

till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

¶38

It is further directed that the bail granted to the Petitioners is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner No.1 is having any similar criminal antecedent and the Petitioner No.2 is having more than one criminal antecedent involving the offence under the N.D.P.S. Act, then this bail order shall automatically stand revoked.

¶39

11. The BLAPL is, accordingly, disposed of.

¶40

Issue urgent certified copy of this order as per Rules.

¶41

( A.K. Mohapatra) Judge

¶42

RKS

¶43

Signature Not Verified

¶44

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

Sandip Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sandip Digal 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

Samrat Das Vs State of Odisha

Gitanjali Khuntia Vs Republic of India (Cbi)

Seshadeba @ Seshadeb Prusty Vs State of Odisha

Chandan Mallik Vs State of Odisha

Dipu Ranjan Sethi@Chhota Vs State of Odisha

Dusmanta Nayak Vs State of Odisha