Orissa High Court
BLAPL/6379/2019 on 4 March, 2020
Author: D. Dash
Bench: D. Dash
BLAPL NO.6379 OF 2019
BLAPL NO. 6379 OF 2019
&
I.A. NO. 23 OF 2020
06. 04.03.2020: This is the second journey of the petitioner who is in
custody in connection with Gochhapada P.S. Case No.85 of
2017 corresponding to C.T. Case No.98 of 2017 on the file of
learned District and Sessions Judge-cum-Special Judge,
Kandhamal, Phulbani running for alleged commission of
offence under section 20(b)(ii)(C of the NDPS Act, in filing
this application under section 439 of the Cr.P.C. for his
release on bail.
Along with the above, another application has been
filed for grant of interim bail to the petitioner which has
been numbered as I.A. No. 23 of 2020.
Learned counsel for the petitioner submits that here
on the allegation that the petitioner is in possession of 73
kgs of ganja, he has been in custody since 9.12.2017 and
now the health condition of the petitioner is critical. He
further submits that while in custody, the petitioner is being
taken to M.K.C.G. Medical College and Hospital at
Berhampur regularly. He submits that at present the
petitioner is not able to walk and therefore he has been
advised to contact the doctors of better institution for
further investigation for management. Drawing the attention
of this Court to the affidavit filed by two brothers-in-laws of
the petitioner, he also submits that they are now ready and
willing to take care of the petitioner's treatment as per the
advice of the Senior Consultant (Medicine) DHH,
Kandhamal. It is his further submission that as the children
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of this petitioner are the minors and therefore these
relations have come from taking care of the petitioner's
health and treatment. He therefore submits for
consideration of the matter as to grant of interim bail to the
petitioner for his better treatment.
Learned counsel for the State opposes the move for
grant of interim bail on the ground of quantity of
contraband ganja seized in connection with the case. He
submits that the facts and circumstances as those emanate
from the materials, prima facie give rise to the presumption
as the petitioner's conscious possession of the commercial
quantity of ganja. He further submits that the Jail Authority
have been taking care of the petitioner. It is however not
disputed that the Senior Consultant (Medicine) District
Headquarter Hospital, Kandhamal has advised for
consultation at higher institution for further investigation
and management of the health of the petitioner.
Considering the submissions made and on going
through the materials available on record, while being not
inclined to grant regular bail to the petitioner; it is directed
that the petitioner be released on interim bail till 27.03.2020
on such terms and conditions as deemed just and proper by
the court in seisin of the case with further condition that he
will surrender before the said court on 28.03.2020 without
fail.
Accordingly, the BLAPL as well as I.A. stands
disposed of.
..........................
D. Dash, J.
Aks