Bhagabat Rout Vs State of Odisha

F.I.R./PR No.	Dated	Police Station	Case No. and Courts’ Name	Sections
116/2024- 25	24.09.2024	M. Rampur Excise Station	2(a) CC Case No.18 of 2024 pending in the court of learned Sessions Judge- cum-Special Judge, Kalhandi, Bhawanipatna	Section 20(b)(ii)(C) of N.D.P.S Act.

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1. This matter is taken up through hybrid arrangement.

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Heard learned counsel for the parties.

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Signature Not Verified

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The petitioner being in custody in connection with 2(a) CC

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 26-May-2025 13:18:16

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Case No.18 of 2024 arising out of M. Rampur Excise Station

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P.R. Case No. 116/2024-25, pending in the court of the learned Sessions Judge-cum-Special Judge, Kalhandi, Bhawanipatna, registered for the alleged commission of offence under Section 20(b)(ii)(C) of N.D.P.S Act, has filed this petition for his release on bail.

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The case of the prosecution is that on 24.09.2024 the Excise officials seized four numbers of Jari Basta each containing 21 kg (a total of 84 kg) of ganja from the Mahindra Bolero while the present accused persons were present in that vehicle. Hence, this case.

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Learned counsel for the Petitioner submits that nothing has been seized from the conscious possession of the present Petitioner. He further submits that the Petitioner is in custody since 24.09.2024. Hence, he submits that, the prayer of the present Petitioner may be allowed.

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Learned counsel for the State vehemently opposes the prayer for bail stating that the quantity of ganja seized is clearly above the commercial quantity prescribed under the Act which bars granting of bail.

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Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, this Court is of the view that the

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Signature Not Verified

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petitioner should be granted bail by the learned court in seisin over the matter in the aforesaid case. However, such

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 26-May-2025 13:18:16

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release shall be conditioned upon stringent terms and conditions, as the learned court deems fit and just with further condition that:-

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i. The Petitioner shall not indulge himself in any criminal offence while on bail.

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

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iii. The Petitioner, after the onset of monsoon (in between the month of July and August, 2025), shall plant 100 saplings 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 land for the plantation.

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Any violation of the above conditions shall result in the cancellation of 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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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 26-May-2025 13:18:16

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