Prakash Gurjar Vs State of Odisha

F.I.R No.	Dated	Police Station	Case No. and Courts’ Name	Sections
24	12.02.2025	Pottangi	T.R. Case No.23 of 2023, pending in the Court learned Additional Sessions Judge- cum-Special Judge,Koraput	Section- 20(b)(ii)(c)/ 29 of the NDPS Act

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This matter is taken up through hybrid

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arrangement.

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2. Heard learned counsel for the Parties.

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3. The Petitioner, who is in custody in connection

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with Pottangi P.S. Case No. 24 of 2023, corresponding to

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T.R. Case No.23 of 2023, pending in the Court learned Additional Sessions Judge-cum-Special Judge, Koraput, registered for commission of offences under Section20(b)(ii)(c)/29 of the NDPS Act, has filed this petition seeking his release on bail.

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4. The brief fact of the case is that on 22.02.2023, when Sri. Rajesh Priyadarshi Naik, S.I. of Police, Pottangi P.S and staff were performing their night patrolling duty in between Pottangi to Ralegada Village area. They got reliable information regarding transportation of Ganja in a Bolero vehicle bearing Regd. No. UP-60W-2829 and escorted by one Swift Dezire car bearing Regd. No.OD-10-3377 and they will pass through Ralegada in short time. So, the complainant along with the police staff proceeded to Ralegada to verify the veracity of such information. After sometime police staff found the Bolero vehicle came from Pottangi side to Ralegada, but seeing police team, the Bolero bearing Regd. No. UP-60W-2829 stopped at a distance and five occupants of the vehicle got down from the vehicle and started running by leaving the vehicle. But, the police caught hold two persons and three persons managed to escape from the spot. Police staff also detained one Swift Dezire Car vehicle bearing Regd. No. OD-10-3377 which was escorting the Bolero along with two occupants therein.

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On verification, the complainant and staff found seven bags in the Bolero having smell of Ganja. On being asked, the accused persons disclosed their name and address as Babulal Sen, Prakash Gurjar, Mojesh Khillo and Ananta Padal. On further interrogation, they disclosed that, their associates named Gibson Padal, Budu Bhalu and Johan Bhalu all are from the Koraput District, who were transporting the contraband ganja in the Bolero bearing Regd. No. UP-60-W-2829 and they escaped by taking advantage of the dark night and dense forest. Then the complainant police officer verified the back side of the Bolero vehicle and seized 133 Kg. of contraband Ganja. Hence, this case.

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5. Learned counsel for the Petitioner submits that the allegations made against the present Petitioner are false and baseless. He further submits that the Petitioner is in custody since 28.02.2025 and the investigation of this case is going on. He further submits that in the meantime, co-accused persons standing in the same footing have already been released on bail by this Court. Hence, he submits that the Petitioner may be enlarged on bail.

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In view of all these above, according to him, the bar contained under section 37 of the NDPS Act at the stage does not stand on the way of grant of bail to the Petitioner.

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Therefore, when there is no scope on the part of the Petitioner to flee from justice and tamper the evidence, he urges for reconsideration of the prayer for grant of bail to the Petitioner.

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6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner in view of the quantity of contraband ganja involved in this case.

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7 . Considering the facts and keeping in view the submission of learned counsel for the Petitioner; further taking into account factum of grant of bail to the co-accused persons on bail and the period of detention of the Petitioner in custody, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter on some stringent terms and conditions with further conditions that:

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i. the Petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.;

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ii. the Petitioner shall not indulge himself in any criminal activities in future;

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iii. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner;

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iv. the Petitioner shall plant 100 saplings of local variety like mango, neem, tamarind etc. around his village over the Government land/community land/private land, if it is in the possession of the Petitioner or his family members;

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

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

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10. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner. 11. The BLAPL is, accordingly, disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified

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Digitally Signed Narayan Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 09-May-2025 19:44:35

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Prakash Gurjar v. State of Odisha

Case brief

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Prakash Gurjar v. State of Odisha

Case brief

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