Orissa High Court
Mangala Khilla vs State Of Odisha on 21 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3563 of 2023
Mangala Khilla .... Petitioner
Mr. D.R. Bhokta, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T. Pattanaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 21.04.2023
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.
3. This is an application under Section 439 of the Criminal
Procedure Code.
4. The Petitioner is an accused in T.R. Case No.09 of 2023
arising out of Machhakund P.S. Case No.11 of 2023 pending in the
court of learned Sessions Judge-cum-Special Judge, Koraput for
commission of offence punishable under Sections 20(b)(ii)(C)/29 of
the N.D.P.S. Act.
5. The prosecution case, in brief, is that on 20.01.2023 as per the
direction, the informant along with other staff proceeded to the spot
and found four persons standing there with four bags. On suspicion
the police verified those bags and found smell of ganja, thereafter, all
the formalities of NDPS Act and seized the contraband articles and
drew the F.I.R. and proceeded with the case.
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6. It is submitted by learned counsel for the petitioner that the
Petitioner is languishing in custody since 23.01.2023. He further
submits that on confessional statement of the accused persons, the
present petitioner has been arrayed as an accused and neither the
petitioner was present at the spot nor contraband articles were
recovered from the exclusive possession of the petitioner.
7. It is also submitted by learned counsel for the petitioner that
the entire prosecution case is false, baseless and concocted one and has
been foisted with mala fide intention. 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 (Criminal) No.242 of 2022).
Further, he submits that the petitioner undertakes not to temper with the
prosecution evidence and not to make any attempt to threaten the
witnesses, in the event he is released on bail.
8. Learned Additional Standing Counsel, on the other hand,
opposes the release of the Petitioner on bail and submits that the
petitioner the peddler of contraband ganja. He further submits that
such types of crime are rampant in the State and no leniency should
be shown to the petitioner or similarly situated persons. Accordingly,
learned Additional Standing Counsel prays for rejection of the bail
application of the Petitioner.
9. Considering the submissions made by learned counsels for the
respective parties, conspectus surrounding facts and circumstances of
the case and the period of detention of the petitioner, it is directed
that let the petitioner be released on bail on furnishing a bail bond of
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Rs.30,000/- (rupees thirty thousand) with two solvent sureties each
for the like amount to the satisfaction of the learned court in seisin
over the matter. While releasing the petitioner on bail, the court in
seisin over the matter to impose any other conditions as would be
deemed just and proper.
10. It is further directed that the bail granted to the Petitioner is
subject to the condition that learned court below shall verify whether
the Petitioner has any criminal antecedents of similar nature. In the
event it is found that the Petitioner has any criminal antecedents of
similar nature, this bail order shall automatically stand revoked.
11. The Bail Application is accordingly disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
