R. Rajaram Vs State of Odisha

FIR/ PR No.	Dated	Police Station	Case No. and Courts’ Name	Sections
0197	13.08.2023	Kalimela	G.R. Case No.167 of 2023 arising out of Kalimela P.S. Case No.197 of 2023 pending in the court of learned Sessions Judge-cum-	Section 20(b)(ii)(C)/ 27-A/29 of NDPS Act

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Special Judge, Malkangiri

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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 G.R. Case No.167 of 2023 arising out of Kalimela P.S. Case No.197 of 2023 pending in the court of learned Sessions Judge-cum-Special Judge, Malkangiri, has filed the present application seeking release on bail. The case has been registered for alleged offences punishable under Section 20(b)(ii)(C)/27-A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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The prosecution story in brief as per the F.I.R lodged by the informant is that on the date of alleged incident, while the police party performing the patrol duty at their P.S Bolero Vehicle, they got information regarding illegal transportation of ganja. Accordingly, they went to the spot. After completion of all formalities of search and seizure, police recovered and seized 50 kg of ganja.

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Learned counsel for the petitioner submits that the petitioner had no knowledge of the transportation of the contraband ganja. It is contended that the petitioner has no connection whatsoever with the alleged offences as claimed by the prosecution. Furthermore, the petitioner has been in custody since 13.08.2023. 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 50 kg. 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 on furnishing Cash or property surety of Rs.50,000/- (Rupees Fifty Thousand Only) along with two local solvent sureties for the like amount to the satisfaction of the court in seisin over the matter with some

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stringent terms and conditions as deemed just and proper with further conditions that:

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i. The petitioner shall appear before the trial court on each

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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 100 saplings each of local varieties, such as mango, neem, tamarind, etc., around their 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 land for the plantation.

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Violation of any of the above conditions shall entail cancellation of the bail.

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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 as required.

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It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain those plants for a period of two years.

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