Ananta Kandi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Ananta Kandi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail granted to the Petitioner on furnishing a bail bond of Rs.40,000/- with two local solvent sureties each for the like amount, subject to stringent conditions (abstinence from similar offences; attendance on every trial date; police station reporting once a fortnight for two months and thereafter once a month till conclusion of trial; violation entails cancellation of bail).

Issue for consideration

Whether the Petitioner, in custody in connection with Excise Khordha Range P.S.Case No.53/2023-24 (T.R.Case No.119 of 2023) for alleged offence under Section 21(b) of the NDPS Act, should be released on bail under Section 439 CrPC.

Court's answer

The Court granted bail taking into consideration the period of custodial detention, the fact that the investigation has been concluded, and that the Petitioner does not have any criminal antecedent of similar nature.

Ratio / Principle

The Petitioner was directed to be released on bail on furnishing a bail bond of Rs.40,000/- with two local solvent sureties each for the like amount, subject to stringent conditions: (i) no indulgence in similar offences while on bail; (ii) appearance before the trial Court on each and every date; (iii) appearance before the concerned Police Station once a fortnight (preferably Sunday, 10 A.M. to 1 P.M.) for two months and thereafter once a month till conclusion of trial; (iv) violation shall entail cancellation of bail.

Detailed headnote1 paragraphs

Bail — S.439 CrPC — Offence under S.21(b) NDPS Act — Excise Khordha Range P.S.Case No.53/2023-24 / T.R.Case No.119 of 2023, learned 1st Addl. Sessions Judge-cum-Special Judge (NDPS), Khurda — As per F.I.R., 52 grams of brown sugar alleged to have been recovered from the exclusive possession of the Petitioner; counsel contended the bar under S.37 NDPS Act not attracted having regard to the quantity — Petitioner in custody since 29.11.2023; enquiry completed and final P.R. submitted; no criminal antecedents of similar nature — Held: bail granted with stringent conditions on a bail bond of Rs.40,000/- with two local solvent sureties, including appearance on every trial date and reporting at the concerned Police Station once a fortnight for two months and thereafter monthly till conclusion of trial; violation entails cancellation — BLAPL disposed of. (Aditya Kumar Mohapatra, J., order dated 05.04.2024)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.848 of 2024

1) Ananta Kandi ..... Petitioner Represented By Adv. - Amlan Shakti Paul

-versus-

1) State Of Odisha ..... Opposite Parties

Represented By Adv. –

Mr.P.C.Das, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

05.04.2024

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

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Excise Khordha Range P.S.Case No.53/2023-24 corresponding to T.R.Case No.119 of 2023 pending in the Court of the learned 1^st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khurda for alleged commission of offence under Section 21(b) of NDPS Act.

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 29.11.2023. In the meantime enquiry has been completed and final P.R. has been submitted on 06.01.2023. It is also submitted by the learned counsel for the Petitioner that as per F.I.R. 52 grams of brown sugar was recovered from the exclusive possession of the Petitioner. Further, it is contended by the learned counsel for the Petitioner that taking into consideration the quantity of the contraband article recovered, bar under section 37 of the Act would not be attracted to the fact of the present case. It is also contended by the learned counsel for the Petitioner that the Petitioner is a young boy and he has been falsely implicated in the present case. It is also contended that the Petitioner does not have similar criminal antecedents and since the Petitioner belongs to Khurda locality, there is no chance of his absconding. On such ground, learned counsel for the Petitioner contended that the Petitioner be released on bail on suitable terms and conditions.

Learned Additional Standing Counsel for the State on the other hand opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is possibility of his involvement in similar nature of offence. Learned Additional Standing Counsel also contended that the nature of allegation and the contraband articles used in the present case is itself a threat to the society. Therefore, it is contended by the learned Additional Standing Counsel that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard learned counsels for the parties, on careful examination of the materials on record as well as the statement recorded and taking into consideration the period of custodial

RKS

detention and the fact that the investigation has been concluded and the Petitioner does not have any criminal antecedent of similar nature, this Court is inclined to grant bail to the Petitioner with stringent conditions and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with the following conditions:

i) The Petitioner shall not indulge in similar nature of offence while on bail.

ii) shall appear before the trial Court on each and every date of posting without fail.

iii) shall appear before the concerned Police Station once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. for a period of two months and thereafter once in a month till conclusion of trial.

iv) Violation of the condition shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra)

Judge

Signature Not Verified

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 06-Apr-2024 11:48:56