Orissa High Court
Makunda Chandra Nag vs State Of Odisha ... Opp.Party on 7 August, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 2463 of 2020
MAKUNDA CHANDRA NAG ... PETITIONER
-VERSUS-
STATE OF ODISHA ... OPP.PARTY
04. 07.08.2020 The matter is taken up through Video
Conferencing.
Heard Mr.Milan Kanungo, learned Senior
Advocate appearing for the petitioner and Mr. Priyabrata
Tripathy, learned Addl. Standing Counsel for the State.
This is an application under section 439 Cr.P.C.
in connection with Bolangir Sadar P.S. Case No.24 of
2020 corresponding to Special G.R. Case No. 10 of 2020
pending in the file of learned Sessions Judge-cum-
Special Judge, Bolangir for alleged commission of
offences under sections 21(c) and 29 of the N.D.P.S. Act.
The prayer for bail of the petitioner was rejected
by the learned Sessions Judge, Bolangir vide order dated
05.03.2020.
Learned counsel for the petitioner contended that
the petitioner was found in an Ashok Leyland Pick-up Van
bearing registration No. OD-03-P-2651 in which thirty
nos. of card board cartoons of Eskuf cough syrups
containing all total 4800 bottles were found and the
quantity of Codeine Phosphate of those 4800 bottles
comes to 960 grams, which is lesser than the commercial
quantity. He further submitted that another vehicle, i.e
Mahindra TUV 300 plus bearing registration No.OD26-C-
9693 was also seized in which seven nos. of card board
cartoons of Eskuf cough syrups were found and from that
1120 bottles of Eskuf cough syrups, the quantity of
Codeine Phosphate comes to 224 grams, but without
preparing two separate seizure lists for seizure of Eskuf
cough syrups from two different vehicles, the S.I. of
Sadar Police Station, Bolangir prepared only one seizure
list and took the total quantity of Codeine Phosphates
found in the total number of bottles in the two vehicles
and made it to be 1 kg. 184 grams, which comes under
commercial quantity. It is contended by the learned
counsel for the petitioner that the procedure adopted is
illegal and the petitioner cannot be made liable for
seizure of Eskuf cough syrups from the Mahindra TUV
300 plus vehicle bearing registration No.OD-26-C-9693
and if the contents of Codeine Phosphates available in
the Eskuf cough syrups seized from the Ashok Leyland
Pick-up Van bearing registration No. OD-03-P-2651 in
which the petitioner was present, is taken into account,
then it is lesser than commercial quantity and the bar
under section 37 of the N.D.P.S. Act will not be made
applicable and therefore, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State, on the other hand,
produced the case diary and does not dispute that the
petitioner was found in Ashok Leyland Pick-up Van
bearing registration No. OD-03-P-2651 and from the
Eskuf cough syrups found in thirty nos. of cardboard
cartoons containing 4800 bottles, the quantity of Codeine
Phosphate was found to be 960 grams.
Considering the submissions of the learned
counsel for the respective parties, the nature of
accusation against the petitioner, the fact that the total
quantity of Codeine Phosphate in 4800 bottles of Eskuf
cough syrups found in the vehicle in which the petitioner
was moving was 960 grams, absence of the bar under
section 37 of the N.D.P.S. Act for such quantity and
further taking into account the period of detention of the
petitioner in judicial custody, I am inclined to release the
petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing a bail bond of Rs.50,000/-
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the learned
Court in seisin over the matter with further conditions as
the learned court may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
.............................
S.K. Sahoo, J.
PKSahoo