Orissa High Court
Anil Batra vs State Of Odisha .... Opp. Party on 20 September, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 53 of 2021
Anil Batra .... Petitioner
Mr. S.K. Lenka, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. P.K. Mohanty,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 20.09.2021
06. This matter is taken up by video conferencin mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.328 of 2020 arising out of Bhubaneswar G.R.P.S. Case No.84 of 2020 pending in the Court of learned Sessions Judge, Bhubaneswar for offence punishable under section 20
(b)(ii)(C) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Khurda which was rejected on 05.12.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since // 2 // 09.08.2020 and he has been charge sheeted for offence punishable under section 20(b)(ii)(C) the N.D.P.S. Act. The occurrence in question took place on 02.08.2020 and from the exclusive and conscious possession of two co-accused namely Sagar Kumar Pradhan @ Pintu and Santosh Kumar Sahu, ten cartoons which were stated to be containing cashew nuts were seized, but it was found to be 411.3 Kgs of ganja by the RPF police which were seized. Learned counsel for the petitioner further submitted that except the confessional statement of the co-accused before RPF police officials, there is no other material against the petitioner and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, placed the statement of Alok Kumar Jali who is the driver of one Deepak Kumar Pradhan, the brother of accused Sagar Kumar Pradhan @ Pintu, from whose possession the contraband ganja was seized. As per the statement of Alok Kumar Jali, he received ten cartoon stated to be containing cashew nuts from the petitioner which he handed over to the accused persons Sagar Kumar Pradhan @ Pintu and Santosh Kumar Sahu. Learned counsel for the State further submitted that in view of the fact that it is the petitioner who had sent those cartoons to the accused persons from whom those were recovered, Page 2 of 4 // 3 // he is clearly liable for the offence under which charge sheet has been submitted and in view of the bar under section 37 of the N.D.P.S. Act, the petitioner is not entitled to be released on bail.
Learned counsel for the petitioner, at this stage, submitted that the petitioner was just a labourer who was working in the cashew nuts factory and therefore, he had no knowledge whether the cartoons where containing ganja or not.
Be that as it may, whether the petitioner was working as labourer or not, whether he had knowledge about the cartoons containing ganja in it, if the petitioner takes a specific plea in that respect and adduce evidence in that respect, the same shall be adjudicated in accordance with law by the learned trial Court. However, on the basis of the available materials on record, particularly in view of the statement of Alok Kumar Jali and the fact that the commercial quantity of ganja has been seized from the co-accused persons and the bar under section 37 of the N.D.P.S. Act, I am not inclined to release the petitioner on bail. The petitioner is at liberty to renew the prayer for bail after examination of Alok Kumar Jali in the learned trial Court.
A copy of the order be communicated to the learned trial Court who shall expedite the trial and take steps for examination of the aforesaid witness at the first instance.
Page 3 of 4// 4 // Accordingly, the BLAPL is disposed of. Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge P Page 4 of 4