Disposed

Narayan Chandra Mallik v. State of Odisha

Orissa HC13 Sept 2024BLAPL/7764/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 BNSS for an accused implicated in an NDPS ganja seizure case where contraband was found at a farm house but not from his exclusive possession. The court held the Section 37 bar not applicable, noted absence of criminal antecedents, and granted bail with conditions.

What did the court decide?

Bail granted: bail bond of Rs.40,000/- with two local solvent sureties of like amount, subject to court-below conditions and antecedent verification.

Narayan Chandra Mallik 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.7764 of 2024

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Narayan Chandra Mallik

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..... Petitioner

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Represented By Adv. - Sujata Jena

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – Mr.P.C.Das, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

13.09.2024

Order No.

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

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Heard learned counsel appearing for the Petitioner 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 B.N.S.S. has been filed by the Petitioner for regular bail in connection with Special (NDPS) Case No.21 of 2024, arising out of IIC Excise EI & EB Unit-II, Cuttack P.R. Case No.194 of 2024-25, pending in the Court of learned District & Sessions

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Page 1 of 4.

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Judge-cum-Special Judge, Bhadrak for alleged commission of offence punishable under Sections 20(b)(ii)(C).

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 26.06.2024. Further she contended that in the meantime the investigation has progressed substantially. Further, referring to the allegations made in the F.I.R learned counsel for the Petitioner submitted that a total quantity of 160 kg. of contraband ganja was recovered from the farm house, in which nobody was present. She further contended that so far the present Petitioner is concerned, he has been implicated in the present case and nothing has been recovered from the conscious and exclusive possession of the Petitioner. Therefore, bar under section 37 of the Act is not attracted to the fact of the present case. Further, learned counsel for the Petitioner submitted that in course of investigation it was detected that the land belongs to the Government, therefore, the Petitioner cannot be implicated in the present case, as neither he is the owner occupier nor any contraband articles were recovered from the exclusive and conscious possession of the Petitioner. She further contended that the Petitioner does not have any criminal antecedent. Since the Petitioner belongs to the locality, there is no chance of his absconding.

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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 investigation is still on. He further contended that there are

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Page 2 of 4.

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ample materials that the alleged contraband articles seized belongs to the present Petitioner although it was stated that the same was not recovered from the conscious and exclusive possession of the Petitioner. He further submitted that the cases of illegal transportation of contraband 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 Petitioners be rejected at this juncture. 6. Considering the submissions made by the learned counsels for the respective parties, on a careful examination of the materials on record and further taking note of the fact that admittedly no contraband article was recovered from the possession of the Petitioner, bar under section 37 of the Act is not attracted to the fact of the present case, further keeping in view the fact that the Petitioner does not have any criminal antecedent, this Court is inclined to release the Petitioner on bail subject to such terms and conditions that would be imposed by the learned court in seisin over the matter.

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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 that would be fixed by the learned court in seisin over the matter.

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Violation of any other conditions shall entail cancellation of the bail application.

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It is further directed that the bail granted to the Petitioner

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Page 3 of 4.

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shall be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioner. In the event it is found that the Petitioner is having any criminal antecedent involving the offence under NDPS Act, this bail order shall not be given effect to.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra)

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Judge

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RKS

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 13-Sep-2024 17:23:14

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Page 4 of 4.

Narayan Chandra Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Narayan Chandra Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

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