BLAPL/6631/2019
2021 Latest Caselaw 4646 Ori

BLAPL NO. 6631 OF 2019

05. 06.04.2021: The matter is taken up through video conference mode.

The petitioner who is in custody in connection with Kotpad P.S. Case No.0142 of 2018 corresponding to T.R. Case No.51 of 2018 pending on the file of learned Sessions Judge-cum-Special Judge, Koraput 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. has prayed for his release on bail.

Learned counsel for the Petitioner submits that on the accusation that the Petitioner was in possession of 37.500 kgs of ganja, he has been in custody since 4.9.2018 and the trial of the case is yet to complete. He further submits that the manner in which the seizure of the bag containing the contraband ganja is said to have been made, the recovery of the same may not be taken to be from the conscious possession of the Petitioner. It is his submission that despite long detention of the Petitioner when the prosecution has not shown the anxiety for early conclusion of the trial, the bar contained in section 37 of the Act should no more be brought into play in denying the bail. It is his submission that the Petitioner is a permanent resident of the District of Nabarangpur and thus there remains no scope on the part of the Petitioner to flee from justice and the question of tampering the evidence her in the case does not arise as most of the witnesses are official.

Learned counsel for the State opposes the move in view of the quantity of contraband ganja said to have been seized from the conscious possession of the Petitioner.

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Taking into account the submissions made; further keeping in view the materials on records as those stand against the petitioners with other surrounding circumstances as also the period of detention of the petitioner in custody; while being inclined to reconsider the prayer for grant of bail to the Petitioner, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that the petitioner shall appear in person before the court in seisin of the case on each and every date of posting of the case till conclusion of the trial; shall appear before the Inspector-in-Charge of the concerned P.S. on every Monday in between 10.00 am to 2.00 pm till conclusion of the trial; shall not indulge himself in any similar type of activity; and shall not leave the jurisdiction of the court in seisin of the case without prior permission.

The BLAPL is accordingly disposed of.

Violation of any of the above condition(s) shall entail cancellation of bail.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order/judgment available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020.

(D. Dash) Judge Basu