Orissa High Court
Narayan Guru vs State Of Odisha ..... Opp. Party on 2 January, 2024
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 13801 of 2023
Narayan Guru ..... Petitioner
Mr. B.S. Das, Adv.
Vs.
State of Odisha ..... Opp. Party
Ms. S. Mishra, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
02.01.2024
Order No. (Through hybrid mode)
01.
1. Heard Mr. B.S. Das, learned counsel for the petitioner and
Ms. S. Mishra, learned Addl. Standing Counsel for the State.
2. This is the successive bail application under Section 439 of
Cr.P.C. for grant of bail to the petitioner in connection with
Inspector of Excise, Striking Force, Chatrapur, Ganjan P.R. Case
No. 77 of 2023-24 corresponding to 2(a) C.C. Case No. 30 of 2023
pending in the Court of the learned Addl. Sessions Judge -cum-
Special Judge, Bhanjanagar for commission of offence punishable
under Section 20(b)(ii)(B) of NDPS Act.
3. The prosecution case in brief is that on 27.10.2023 at about
4.00 a.m., while the Inspector of Excise, Striking Force, Chhatrapur,
Ganjam and other staff were performing patrolling duty at village
Khariguda area under Bhanjanagar Police Station, they noticed that
the petitioner was holding a white jari basta in his right hand in the
village chhak. He was detained on suspicion and on search 08 Kgs
of ganja was found in the bag. As he could not produce any authority
for possession of ganja, the same was seized and he was arrested.
4. In BLAPL No. 12779 of 2023 by order dated 14.11.2023, the
prayer for bail of the petitioner had been allowed by this Court
subject to verification of his criminal antecedents.
5. But the learned Addl. Sessions Judge -cum- Special Judge,
Bhanjanagar did not release the petitioner on bail as on 23.11.2023,
the I.I.C., Saranakul Police Station submitted report that petitioner is
involved in Saranakul P.S. Case No. 15 of 2005 under Sections 332,
395 of IPC read with Section 39 of the Indian Electricity Act.
6. Mr. B.S. Das, learned counsel for the petitioner submits that
the petitioner has faced trial along with co-accused persons in S.T.
Case No. 38/128 of 2011/2007 in the Court of the learned Addl.
Sessions Judge (FTC), Nayagarh which arises out of Saranakul P.S.
Case No. 15 of 2005 and they have been acquitted by judgment
dated 23.06.2012. He files the certified copy of the judgment in
Court today after serving a copy of the same on the learned counsel
for the State. The same is taken on record.
7. In view of the acquittal of the petitioner, Saranakul P.S. Case
No. 15 of 2005 cannot be considered as a criminal antecedent of the
petitioner. That apart it is a case of the year 2005.
8. As the quantity of ganja allegedly seized from the petitioner is
8 kgs., section 37 of the NDPS Act will not be a bar for considering
his prayer for bail, for which I direct the learned Court in seisin over
the matter to release the petitioner- Narayan Guru on bail on such
terms and conditions as it deems fit.
9. The BLAPL is accordingly disposed of.
10. Urgent certified copy of this order be granted on proper
application.
(Savitri Ratho)
Judge
Sukanta
Signed by: SUKANTA KUMAR BEHERA
Designation: Senior Stenographer
Reason: Authentication
Date: 02-Jan-2024 20:24:25
