Disposed

Balabhadra Pradhan v. State of Odisha

Orissa HC23 Sept 2024BLAPL/9100/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 483 BNSS in an NDPS case involving recovery of about 6 kg 150 gm ganja. Court noted absence of similar criminal antecedents and released the petitioner on bail with stringent conditions, including automatic revocation if similar antecedents surface.

What did the court decide?

Petitioner released on regular bail on furnishing bail bond of Rs.30,000 with two solvent sureties of like amount.

Balabhadra Pradhan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9100 of 2024

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Balabhadra Pradhan

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..... Petitioner

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Represented By Adv. - Suryakanta Dwibedi

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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. – D.Nayak, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

23.09.2024

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 Government Advocate 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 B.N.S.S. has been filed by the Petitioner for regular bail in connection with C.T. Case No.158 of 2024, arising out of Sarangada P.S. Case No.93 of 2024, pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Balliguda for alleged commission of offence punishable under Sections 20(b) (ii) (B) of the N.D.P.S. Act.

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Learned counsel for the Petitioner submits that earlier this

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Page 1 of 3.

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matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 21.08.2024. Further contended that in the meantime the investigation has progressed substantially. Further, allegations made in the F.I.R., the learned counsel for the Petitioner submitted that a total quantity of 6 kgs. 150 gms. of ganja, was recovered from the exclusive and conscious possession of the Petitioner, which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner does not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions deemed fit and proper by this Court.

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Learned Additional Government Advocate appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that investigation is still on. He further contended that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Government Advocate submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and

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Page 2 of 3.

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further keeping the view the fact that the Petitioner does not have any similar criminal antecedents, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

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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.30,000/(Rupees Thirty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter.

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It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. 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 be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioner. In the event the Petitioner is having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra) Judge

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Anil

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Signature Not Verified Page 3 of 3. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 24-Sep-2024 12:01:29

Balabhadra Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balabhadra Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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