Sanurjya Bhoi Vs State of Odisha

P.R No.	Dated	Police Station	Case No. and Courts’ Name	Sections
177	17.11.2024	Excise District Mobile Squad	2(a)CC Case No.38 of 2024 pending in the Court of learned Sessions Judge- cum-Special Judge,Boudh	U/s. 20(b)(ii)(C) of the NDPS Act

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1. This matter is taken up through hybrid arrangement.

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2. The petitioner being in custody in connection with Excise District Mobile Squad P.R No.-177 of 2024, corresponding to 2(a)CC Case No.38 of 2024 (NDPS), pending in the court learned Sessions Judge-Cum-Special Judge, Boudh, registered for the alleged

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commission of offence under Section 20(b)(ii)(C) of the NDPS Act, have filed this petition for their release on bail.

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3. The prosecution case in short is as follows:

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The sub-Inspector Excise District Mobile Squad P.R No. 177 of 2024-25 on 17.11.2024 drawn a prosecution case bearing P.R No. 177 of 2024-25 alleging inter alia there in that on same day, he along with his staffs performing patrolling duty near Mahanadi Bridge Chhak under Boudh P.S noticed a white colour Tata Indigo ECSLSIII car on bearing Regd. No. OD-22-9277 was parking on the road side of Bridge Chhak for which on suspicion the Excise staff went near the car and found four persons were present inside car. On being search they found a jerry bag and they recovered 31 kgs of contraband Ganja.

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4. Learned counsel for the Petitioner submits that the Petitioner has been languishing in custody since 17.11.2024 and in the meantime, charge sheet has already been submitted on 20.03.2025. Therefore, when there is no scope on the part of the Petitioner to flee from justice and tamper the evidence, he urges for consideration of the prayer for grant of bail to the Petitioner.

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5. 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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6. Considering the facts and keeping in view the submission of learned counsel for the Petitioner and considering the detention period, 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 file an affidavit before the local police station that he would never engage in such criminal activities in future.

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v. 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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7. 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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8. 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 saplings for two years.

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9. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner.

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10. The BLAPL is, accordingly, disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Gitanjali

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Signature Not Verified