Orissa High Court
Papun Behera vs State Of Orissa ..... Opp. Party on 8 November, 2023
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12156 of 2023
Papun Behera ..... Petitioner
Mr. K.K. Jena, Advocate
Vs.
State of Orissa ..... Opp. Party
Mr. A.P. Das, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
08.11.2023 Order No. (Through hybrid mode)
03.
1. Affidavit sworn by one Sabitri Mangaraj, wife of the petitioner has been filed stating that on account of typographical error, she had mentioned her relationship with the petitioner to be as 'brother' instead of 'wife'.
2. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Mancheswar P.S. Case No. 414 of 2023 corresponding to T.R. Case No. 505 of 2023 pending in the Court of the learned District and Sessions Judge, Khordha, At- Bhubaneswar registered for commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act.
3. The petitioner and co-accused persons namely Basanta Kumar Singhdev and Ujwal Kumar Nayak had moved separate applications Page 1 of 4 for bail before the Court of learned Special Judge (K) at Bhubaneswar which were rejected on 11.10.2023.
4. The prosecution allegation in brief is that on 30.09.2023 at 3.20 p.m. the petitioner along with four others was apprehended by the I.I.C., Mancheswar Police Station while they were coming in a Maruti X4 bearing registration no. OR-02-BM-1769 and on search 30 kgs. of ganja kept in two separate packets each weighing 15 kgs. were recovered from the dickey of the car. As they could not produce any authorization in support of their possession, the ganja was seized and the accused persons were arrested.
5. Mr. K.K. Jena, learned counsel for the petitioner submits that the petitioner is in custody since 30.09.2023 and the petitioner was not aware of the ganja kept in the dickey of the car and he does not have any criminal antecedents and the possibility of wrong weighment cannot be ruled out. In the meanwhile, the co-accused have been granted on bail vide order dated 30.10.2023 passed in BLAPL No. 12067 of 2023 and BLAPL No. 12154 of 2023.
6. Mr. A.P. Das, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioner was an occupant of the car from the dickey of which the ganja has been seized and he being a resident of Khurda, it may not be possible to secure his presence during Page 2 of 4 trial.
7. Considering the nature of allegations against the petitioner, the quantity of ganja seized, possibility of mistake in weighment and submission regarding lack of criminal antecedents, I am inclined to allow the prayer for bail.
8. Let the petitioner- Papun Behera be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verification of his criminal antecedents, including the following conditions:
(i) He will not indulge in any criminal activity while on bail.
(ii) He will not threaten or try to influence prosecution witnesses while on bail.
(iii) After his release he will co-operate with the investigation and report before the Mancheswar Police Station between 1.00 p.m. to 3.00 p.m. once in every Monday till submission of charge sheet. Thereafter, the petitioner shall report before the Jatni Police Station once on the first Sunday of each month between 3.00 p.m. to 5.00 p.m. till completion of trial.
(iv) He will remain present in the trial Court on each date it is fixed for trial.
9. Violation of any condition will entail in cancellation of bail. Page 3 of 4
10. The BLAPL is accordingly disposed of.
11. Urgent certified copy of this order be granted on proper application.
12. A copy of this order be supplied to Mr. A.P. Das, learned Additional Standing Counsel for onward transmission to the I.I.C., Mancheswar Police Station and Jatni Police Station.
(Savitri Ratho) Judge puspa Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 08-Nov-2023 19:33:20 Page 4 of 4