Orissa High Court
Anand K vs State Of Odisha ..... Opp. Party on 7 December, 2023
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12640 of 2023
Anand K. ..... Petitioner
Mr.Debidutt Mohapatra, Advocate
Vs.
State of Odisha ..... Opp. Party
Mr. B.K. Ragada, A.G.A.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
07.12.2023 Order No.
01. (Through hybrid mode)
1. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Sarangada P.S. Case no. 137 of 2023 corresponding to C.T. Case No. 108 of 2023 pending in the Court of the learned Special Judge-cum-Additional District & Sessions Judge, Balliguda, District-Kandhamal under Section 20(b)(ii)(B) and 27 of NDPS Act against the petitioner and Jayanta Kumar Patra, Shyam Kumar and Naresh Pradhan.
2. The prayer for bail of the petitioner along with two accused namely Jayanta Kumar Patra and Shyam Kumar has been rejected vide order dated 04.11.2023 passed by the learned Special Judge-cum- Additional District Judge, Balliguda, District-Kandhamal in C.T. No. 108 of 2023.
Page 1 of 5
3. The prosecution allegation in brief is that on 01.11.2023 at about 6.20 p.m., while the informant along with other staff of Sarangada Police Station were performing patrolling duty found the petitioner and others were present at Chanchalsahi Chhaka with four different bags. As their conduct was suspicious, they were questioned but their behaved in a strange manner. So the bags were searched and were found to contain ganja. Anand K. (head constable) was in possession of one bag containing about 4 kgs. 240 grams of ganja, Jayanta Kumar Patra was in possession of one bag containing about 4 kgs. 580 grams of ganja, Shyam Kumar was in possession of one bag containing about 5 kgs. 360 grams of ganja and Naresh Pradhan was in possession of one bag containing about 4 kgs. 400 grams of ganja and all total it comes to 17 kgs. 500 grams of ganja. As they could not produce any authority for possession of the ganja, the ganja were seized and they were arrested.
4. Mr. Debidutta Mohapatra, learned counsel for the petitioner submits that the petitioner is in custody since 01.11.2023 and he is a Head Constable at Jigani Police Station, Karnataka and he had come to Odisha with the passport issued by the Superintendent of Police, Bengaluru District in connection with investigation of C.R. No. 242 of 2023 under Section 20(B) of NDPS Act of Jigani Police Station in Page 2 of 5 which case Subash Chandra Pradhan and Naresh Pradhan are accused persons. As he had not intimated the local Police regarding his coming to Odisha for the purpose of investigation, he was arrested while he was carrying out investigation of the case. The ganja seized from him belongs to the other accused persons. He further submits that he does not have any criminal antecedents and in view of the quantity of ganja allegedly seized from him (4kg.), Section 37 of the NDPS Act will not be a bar for releasing him on bail. He also submits that the petitioner is willing to cooperate with the investigation and hence he may be released on bail.
5. Mr. B.K. Ragada, learned Additional Government Advocate opposes the prayer for bail stating that the petitoner has been rightly arrested in this case as he had not given prior intimation to the local Police that he had come for investigation in C.R. No. 242 of 2023 under Section 20(B) of NDPS Act of Jigani Police Station in which case Subash Chandra Pradhan and Naresh Pradhan are accused persons. As ganja has been recovered from the possession of the petitioner for which he could not produce any plausible explanation, he should not be released on bail.
6. Considering the nature of allegations against the petitioner especially the quantity of ganja seized for which Section 37 of the Page 3 of 5 NDPS Act will not be a bar for consideration of prayer for bail and the submission that the petitioner does not have any criminal antecedents, I am inclined to allow the prayer for bail.
7. The petitioner- Anand K. shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after the learned Court verifies that the petitioner does not have any antecedents under the NDPS Act, including the following conditions:
(i) He shall not indulge in any criminal activity while on bail.
(ii) He shall not threaten or try to influence prosecution witnesses while on bail.
(iii) He shall cooperate with the investigation.
(iv) He shall deposit cash surety of Rs.5,000/-.
(iv) He shall furnish his mobile number, copy of his identity card and permanent address in Karnakata to the Court, and which shall be verified by the I.O./I.I.C. of Sarangada Police Station, Kandhamal before he is released on bail.
(vi) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Cr.P.C.
Page 4 of 5
(vii) He shall not leave District- Kandhamal without prior permission of the learned trial Court after the trial starts.
8. Violation of any condition will entail in cancellation of bail/ recall of this order.
9. The BLAPL is accordingly disposed of.
10. Urgent certified copy of this order be granted on proper application.
11. A copy of this order be supplied to Mr. B.K. Ragada, learned Additional Standing Counsel for onward transmission to the Jigani Police Station, Bengaluru, District-Karnataka.
........................
(Savitri Ratho) Judge I.A. No. 1525 of 2023
02. 1. This I.A. has been filed for releasing the petitioner on interim bail for treatment of his father and mother.
2. In view of the order passed in BLAPL No. 12640 of 2023, the I.A. is dismissed as infructuous.
Signature Not Verified Digitally Signed ........................
Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
puspa (Savitri Ratho)
Reason: Authentication
Location: Orissa High Court
Date: 08-Dec-2023 19:03:36
Judge
Page 5 of 5