Bikash Kumar Khatua Vs State of Odisha

FIR/ PR No.	Dated	Police Station	Case No. and Courts’ Name	Sections
237		Kantamal	Spl. NDPS Case No.153 of 2024 arising out of Kantamal P.S. Case No.237 of 2024 pending in the court of learned Additional Sessions Judge- cum-Special	Section 20(b)(ii)(C)/ 25/29 of NDPS Act

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Judge, Kantamal

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This matter is taken up through hybrid arrangement.

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Heard learned counsel for the Parties.

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The petitioner is in custody in connection with Spl. NDPS Case No.153 of 2024 arising out of Kantamal P.S. Case No.237 of 2024 pending in the court of learned Additional Sessions Judge-cum-Special Judge, Kantamal, has filed the present application seeking release on bail. The case has been registered for alleged offences punishable under Section 20(b)(ii)(C)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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The prosecution story in brief is that on 24.09.2024 at 8.20 A.M, S.l G.K Mishra, Kantamal P.S and other staff went towards village Baradipadar Rengali Kamghat, Sulia, Nuapali, Rundimahul area for morning patrolling duty. While performing patrolling duty between village Sulia and Nuapali at about 8.35 A.M., they found one white colour Mahindra Bolero Pick Up bearing Regd. No.OD-24B-7540 was coming from village Nuapali side towards village Sulia in high speed. They gave hand signal to stop the vehicle. Seeing the police team, the driver of the Bolero vehicle stopped the vehicle and the driver and the four occupants of the vehicle started running

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towards the nearby bushy area. They chased and could apprehend the driver of the said vehicle , the four occupants managed to escape from the spot. Being asked, the driver disclosed his name as Bikash Kumar Khatua and also disclosed the name of the four persons who were managed to flee away from the spot. They checked the Bolero vehicle and found six numbers of jerry bags inside it. The Jerry bags emit Ganja smell. So, after observing of all the formalities of search and seizure as enshrined in NDPS Act, they recovered and seized 1 quintal and 60kgs of Ganja excluding the weight of jerry bag from the possession of the accused.

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Learned counsel for the petitioner submits that since the Petitioner is a driver he had no knowledge of the articles loaded in his vehicle. Furthermore, the petitioner has been in custody since 24.12.2024. Accordingly, it is prayed that the Petitioner be released on bail.

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Learned counsel for the State vehemently opposes the prayer for bail contending that the quantity of contraband ganja seized is greater than commercial quantity weighing 1 quintal and 60kgs of ganja. In such premises, he submits that the Petitioner does not deserve for bail.

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Without entering into the merits of the case, and considering the facts and circumstances and in light of the facts and circumstances at hand, this Court is of the view that the petitioner should be granted bail by the learned court in seisin over the matter. However, such release shall be conditioned upon stringent terms and conditions, as the learned court deems fit and just. The conditions are as follows:-

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i. The petitioner shall appear before the trial court on each date of posting of the case.

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ii. The petitioner shall not indulge himself in any criminal offence while on bail.

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iii. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner.

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iv. The Petitioner, after the onset of monsoon, shall plant 300 saplings each of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation.

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Violation of any of the above conditions shall lead to cancellation of the bail.

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The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful.

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The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not.

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It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those plants for two years.

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The BLAPL is accordingly disposed of.

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(Dr. S.K. Panigrahi)

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Signature Not Verified Judge

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Digitally Signed

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Signed by: SUMITRA NAYAK Sumitra Reason: Authentication Location: High Court of Orissa, C utta ck Date: 28-May-2025 13:10:03

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Bikash Kumar Khatua v. State of Odisha

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Bikash Kumar Khatua v. State of Odisha

Case brief

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