Orissa High Court
Soumen Sarkar vs State Of Odisha ......... Opposite ... on 7 March, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.891 of 2024
Soumen Sarkar ......... Petitioner
Mr. N. Mali, Advocte
-Versus-
State of Odisha ......... Opposite Party
Mr. P.K. Maharaj,
Additional Standing Counsel.
CORAM:
JUSTICE SIBO SANKAR MISHRA
ORDER
07.03.2024 Order No.
02. 1. This is an application under Section-439 Cr.P.C.
2. The petitioner is an accused in P.R. No.99 of 2023-24 corresponding to 2(a)C.C. No.35 of 2023 (N) for the offence under Section under Section 20(b)(ii)(B) of the N.D.P.S. Act pending in the Court of the Addl. Sessions Judge-cum-Special Judge, Chatrapur, Ganjam.
3. The allegation against the petitioner is that on 29.12.2023 at about 10.00 A.M. while the Inspector of Excise, Chatapur along with his staff were on patrolling duty near Railway Station, Chatrapur, they found the petitioner was proceeding with one white jerry bag. On being asked, the petitioner confessed before them that the jerry bag contained nothing, but 2 cannabis (ganja). On search, they found the jerry bag contained 12 Kgs. of ganja. Basing upon such recovery, the case has been registered.
4. The petitioner had approached the learned Addl. Sessions Judge- cum-Special Judge, Chatrapur praying for grant of bail. The learned Court below vide its order dated 06.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
5. Learned counsel for the petitioner submits that the plea for grant of bail of the petitioner is not pending before any Court whatsoever except the present one.
6. Taking into consideration the period of custody from 06.01.2024, the nature of accusation and the quantity of contraband seized being less than the commercial quantity, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner subject to further condition that the petitioner shall furnish two local sureties and shall appear before the concerned 3 Police Station once in every month and shall appear before the learned Court in seisin over the matter on each date posted for trial.
7. To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioner during trial since he belongs to a different State, additionally it is directed that one of the family members of the petitioner shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedent of the petitioner from Bardhman Police Station, District- East Bardhman, State- West Bengal, If it comes to the fore that the petitioner has any criminal antecedent, the Court below shall take into consideration the same while imposing condition.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
8. The BLAPL is accordingly disposed of.
(S.S. Mishra) Judge Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Mar-2024 15:45:36 amit