Orissa High Court
Biswajit Biswal @ Julu vs State Of Odisha on 17 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9850 of 2022
Biswajit Biswal @ Julu .... Petitioner
Mr. S.R. Mohapatra, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. S. Mishra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 17.08.2022
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner and learned Additional
Standing Counsel for the State.
3. This is an application under Section 438, Cr.P.C. filed by the
petitioner for anticipatory bail.
4. The petitioner is seeking pre-arrest bail in connection with
Special G.R. Case No.75 of 2022, arising out of Ersama P.S. Case
No.245 of 2022 pending in the court of learned Additional Sessions
Judge-cum-Special Judge, Kujanga for commission of offences
punishable under Sections 21(b)/29(1) of N.D.P.S. Act.
5. The brief case of the prosecution is that on 18.07.2022 at about
8:12 A.M., the informant received information egarding dealing of
brown sugar business by Ayush Kumar Lenka @ Kuna at
Mahimadeipur Chhak along with Red colour Hero Glamour
Motorcycle bearing Registration No.OD-21-H-7243 and he concealed
the drugs in his right side pant pocket. Therefore, the informant along
with his staff reached at the spot and search was conducted and found a
// 2 //
jerry polythene containing light brown colour powder kept in the right
side pant pocket of co-accused Ayush Kumar Lenka. After weighting
the packet, it was found to be 6.250 grams including the weight of the
polythene. The weight of the employ polythene is 0.520 grams. The net
weight of brown sugar is 6.000 grams. On being asked the co-accused
disclosed that he along with co-accused Siba Prasad Jena doing the
brown sugar business and they are procuring the said contraband
articles from the present petitioner. Hence, this case.
6. It is submitted by the learned counsel for the petitioner that the
petitioner is an innocent person having no nexus with the alleged
commission of offence and no prima facie case is made out against the
petitioner to rope him in the present case. It is also submitted by the
learned counsel for the petitioner that the petitioner has not been named
in the FIR and on the basis of the confessional statement of co-accused
person he has been implicated in the present case. The allegations made
in the FIR are omnibus in nature. It is further contended by learned
counsel for the petitioner that no contraband article was seized from the
exclusive and conscious possession of the present petitioner. Since the
petitioner is a permanent resident of his village, there is no chance of
his absconding. Lastly, learned counsel for the petitioner submits that
the entire prosecution case is false, baseless and concocted and has
been foisted with mala fide intention. The petitioner undertakes not to
temper with the prosecution evidence not to make any attempt to
threaten the witnesses, in the event he is released on anticipatory bail.
Further, learned counsel for the petitioner relies on the judgment
delivered by the Hon'ble Supreme Court of India in the case of Tofan
Singh vrs. State of TamilNadu : reported in (2021) 4 SCCI and order
dated 10.01.2022 in the matter of State By (NCB) Bengaluru vrs.
Pallulabid Ahmad Arimuta and another (Special Leave to Appeal
// 3 //
(Criminal) No.242 of 2022).
7. Learned Additional Standing Counsel on the other hand opposes
the prayer for anticipatory bail of the petitioner and submits that a clear
case is made out against the petitioner under the N.D.P.S. Act. He
further submits that the trafficking of contraband substances are on the
rising in the State of Odisha. Therefore, no leniency should be shown to
the petitioner.
8. Considering the nature of allegations and gravity of offence and
the fact of the case and the fact that the petitioner has been implicated
in this case under the provision of N.D.P.S. Act, I am not inclined to
grant anticipatory bail to the petitioner. However, it is observed that, in
the event the petitioner surrenders before the learned court in seisin
over the matter within three weeks from today. The Court in seisin
over the matter shall consider the same and dispose of the bail
application of the petitioner on the very same day. Keeping in view the
judgment delivered by the Hon'ble Supreme Court of India in the case
of Tofan Singh vrs. State of TamilNadu : reported in (2021) 4 SCCI
and order dated 10.01.2022 in the matter of State By (NCB) Bengaluru
vrs. Pallulabid Ahmad Arimuta and another (Special Leave to Appeal
(Criminal) No.242 of 2022). Further, it is directed that the Case Diary
shall be made available to the concerned court to facilitate disposal of
the bail application of the petitioner.
9. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Jagabandhu
