Sasmita Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Sasmita Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in connection with 2(a) CC Case No.118 of 2024 (NDPS Act), subject to furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned District and Sessions Judge-cum-Special Judge, Cuttack, with liberty to impose other suitable conditions and a condition that she shall report the IO concerned, as and when necessary, till the investigation is concluded.

Issue for consideration

Whether the petitioner, alleged owner of the intercepted vehicle from which contraband Ganja was recovered, is entitled to release on bail under Section 483 BNSS notwithstanding the objection based on recovery of commercial quantity of contraband substance, given that the co-accused persons are already on bail.

Court's answer

Having regard to the co-accused persons being on bail, the petitioner being the owner of the vehicle carrying the contraband Ganja, her remaining in custody since 25 November 2024, and the impression that a substantial part of the investigation was over, the Court was inclined to allow her to go on bail with conditions.

Ratio / Principle

The petition under Section 483 BNSS stands allowed; the petitioner is directed to be released on bail in connection with 2(a) CC Case No.118 of 2024 (NDPS Act) arising out of Excise PR No.391 of 2024-25, subject to furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned District and Sessions Judge-cum-Special Judge, Cuttack, who may impose other suitable conditions, including that she shall report the IO concerned, as and when necessary, till the investigation is concluded.

Detailed headnote1 paragraphs

Bail — Section 483 BNSS — NDPS Act case — petitioner, stated owner of the intercepted vehicle from which contraband Ganja was recovered, granted bail in connection with 2(a) CC Case No.118 of 2024 (NDPS Act) arising out of Excise PR No.391 of 2024-25 pending before the learned District and Sessions Judge-cum-Special Judge, Cuttack; State opposed on account of commercial quantity of contraband substance recovered from the vehicle; bail allowed having regard to co-accused persons already on bail by this Court's order in BLAPL No.12921 of 2024 and petitioner's custody since 25 November 2024 with substantial part of investigation considered over; bail bond of Rs.40,000/- with one solvent surety for the like amount; condition to report the IO concerned till conclusion of investigation; BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.283 of 2025

Sasmita Behera

…. Petitioner

Mr. B. Mahapatra, Advocate

-Versus-

State of Orissa …. Opposite Party Mr. P.K. Ray, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order

13.01.2025

No.

Heard learned counsel for the respective parties.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection 2(a) CC Case No.118 of 2024 (NDPS Act) pending in the file of learned District and Sessions Judge-cum-Special Judge, Cuttack corresponding to with IIC of Excise, EI & EB, Unit-II, Cuttack PR No.391 of 2024-25 on the grounds stated.

3. Perused the rejection order as at Annexure-1.

The co-accused persons are on bail by the Court’s order in BLAPL No.12921 of 2024 as at flag-A.

It is submitted that the petitioner is the owner of the alleged vehicle which was intercepted and then recovery of contraband Ganja was made with a request for his release but objection is received from Mr. Ray, learned AGA for the State on account of

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commercial quantity of contraband substance being recovered from the alleged vehicle. However, having regard to the fact that the coaccused persons are on bail, whereas, the petitioner is stated to be owner of the vehicle carrying the contraband Ganja and she has remained in custody since 25^th November, 2024, under the impression that substantial part of investigation to be over, the Court is inclined to allow her to go on bail with conditions.

6. Accordingly, it is ordered.

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with 2(a) CC Case No.118 of 2024 (NDPS Act) arising out of IIC of Excise, EI & EB, Unit-II, Cuttack PR No.391 of 2024-25 subject to her furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned District and Sessions Judge-cum-Special Judge, Cuttack, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, she shall report the IO concerned, as and when necessary, till the investigation is concluded.

8. The BLAPL is disposed of.

Urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge

TUDU Signature Not Verified

Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 15-Jan-2025 12:50:54

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