Orissa High Court
) Sanjit Singh vs State Of Odisha ..... Opposite Parties on 1 August, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.708 of 2024
1) Sanjit Singh ..... Petitioners
2) Herendra Paswan Represented By Adv. -
Anirudha Das
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
S.S.Mohapatra, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
01.08.2024
Order No.
04. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners as well as learned
Additional Standing Counsel for the State.
3. This is an application under Section 439 of the Code of
Criminal Procedure filed by the Petitioners for bail in connection
with Sambalpur Excise El & EB Unit-II PR No.272/2023-24,
corresponding to T.R. No.98/03 of 2023, pending in the Court of the
learned Addl. Sessions Judge-cum-Judge, (Special Court), Sambalpur
for alleged commission of offence under Sections 20(b)(ii)(C) of
NDPS Act.
4. Learned counsel for the Petitioners submits that earlier this
matter was not before any other Bench of this Court. It is submitted
by the learned counsel for the Petitioners that the Petitioners are in
custody since 19.06.2023. He contended that in the meantime the
investigation has been concluded and final charge sheet has been
filed. Further, referring to the allegations made in the F.I.R., learned
counsel for the Petitioners submitted that keeping in view the
quantity of ganja seized, i.e., 72 kgs., were recovered from three
persons including the present petitioners. He further contended that
the present petitioners were occupants of the vehicle from which the
contraband ganja was recovered. He further contended that one Jay
Bikash was the driver of the vehicle from which the contraband ganja
was recovered. He further submitted that the Petitioners do not have
any similar criminal antecedents. He further contended that in the
meantime although more than one year has elapsed, the trial has not
commenced, not a single witness has been examined so far. Further
contends that the petitioners do not belong to State of Odisha,
therefore, the Petitioners are ready and willing shall abide by any
terms and conditions as this Court deems fit and proper in the facts
and circumstances of the case.
5. Learned Additional Standing Counsel on the other hand
opposed the bail application of the Petitioners on the ground that the
quantity of alleged contraband ganja is more than the commercial
quantity, the bar under Section 37 of the N.D.P.S. Act would be
attracted to the facts of the present case. He further contended that
such cases are increasing day-by-day and no leniency should be
shown to the petitioners. He further submitted that the Petitioners
belong to State of Bihar, therefore, release of the Petitioners be
difficult to ensure the appearance of the Petitioners before the Trial
Court during trial. In such view of the matter, he submitted that the
bail application of the Petitioners be rejected at this juncture.
6. Having heard the learned counsels appearing for the respective
parties and on a careful examination of the surrounding facts and
circumstances of the present case, further keeping the view the
period of detention of the Petitioners in jail custody and the fact that
the Petitioners do not have any similar criminal antecedent, the bar
under Section 37 would not be attracted in view of the judgment of
the Hon'ble Supreme Court in Mohd. Muslim vs. State (NCT of
Delhi) in Criminal Appeal No.943 of 2023 decided on 28.03.2023,
this Court is inclined to release the Petitioners on bail subject to
imposition of stringent conditions.
7. Hence, it is directed that the Petitioners be released on bail in
the aforesaid case on furnishing bail bond of Rs.40,000/- (Rupees
Forty thousand) each with two local solvent sureties each for the like
amount to the satisfaction of the learned court in seisin over the
matter subject to the following terms and conditions:
I) The Petitioners shall also file an affidavit before the
Trial Court with regard to indicating there his residential
details other details like Aadhar No., Phone No. before the
jurisdictional police station & further release of the
Petitioners shall be subject to verification of such details as
would be furnished by any relative of the Petitioners in the
shape of an affidavit.
II) they shall not be involved in any offence of similar
nature while on bail;
III) they shall not tamper with the prosecution evidence or
try to threaten or influence the witnesses in any manner
whatsoever;
IV) they shall not make any default in attending the court
during trial on each date without fail;
V) they shall appear before the concerned Police Station
once in a fortnight preferably on 'Sunday' in between 10.00
A.M. to 1.00 P.M. till conclusion of the trial.
Violation of any of the terms and conditions shall entail
cancellation of bail.
8. It is further directed that the bail granted to the Petitioners be
subject to the condition that the court below shall verify the similar
criminal antecedent of the Petitioners. In the event the Petitioners are
having any similar criminal antecedent under the offences of NDPS
Act, this bail order shall automatically stand revoked.
9. BLAPL is accordingly disposed of.
10. Issue urgent certified copy as per Rules.
( A.K. Mohapatra )
Judge
Anil
Location: High Court of Orissa
