Ganesh Behera Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with C.T. Spl. Case No.63 of 2024, arising out of Ambabhona P.S. Case No.138 of 2024, pending in the Court of learned Sessions Judge-cum-Special Judge, Bargarh, for alleged commission of offence punishable under Section 20(b)(ii)B of N.D.P.S. Act, 1985.

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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

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Court. He further submitted that the Petitioner is in custody since 21.07.2024. He further submitted that in the meantime, investigation has substantially progressed. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that a total quantity of 10 Kgs. 700 Grams of contraband Ganja was recovered from the possession of the Petitioner. He further contended that since the seized contraband Ganja is less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. He further contended that the Petitioner is having one similar criminal antecedent and the same is possessed less than commercial quantity of Ganja. He further submitted that the Petitioner has been falsely implicated in the present case. He further contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions that would be imposed by this Court which the Petitioner shall abide by while on bail.

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Learned counsel for the State, 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 contended that the investigation is on. Therefore, in the event the Petitioner is released on bail, there is every possibility he might abscond from justice which would eventually cause delay in conclusion of the investigation as well as trial. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days.

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Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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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 keeping in view the fact that the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case, this Court is inclined to release the Petitioner on bail.

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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 one local solvent surety for the like amount to the satisfaction of the Court in seisin over the matter.

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It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees five thousand) before the Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

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

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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 has 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

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order shall automatically stand revoked.

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