Raju Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.303 of 2022 Raju Das ....

Petitioner Mr. Sushanta Harichandan, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Das, Additional Standing Counsel

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

21.12.2022 Order No.

03.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. S. Harichandan, learned counsel for the Petitioner and Mr. K.K. Das, learned Additional Standing Counsel. 3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Raju Das in connection with E.I. & E.B., Unit-1, Cuttack P.R. No.108 of 2019-20, corresponding to 2(a)C.C. No.35 of 2019 pending in the court of learned Sessions Judge-cum-Special Judge, Cuttack for alleged commission of offences under Section 20(b)(ii)(C) of the N.D.P.S. Act for alleged possession of contraband ganja weighing about 100 kg.

4.

It is submitted on behalf of the Petitioner that he is inside custody since 17th August, 2019 and till date only one witness has been examined.

5.

Upon hearing Mr. Das, learned Additional Government Advocate for State and keeping in view the total quantity of contraband ganja and the embargo contained under Section 37(1)(b)

of NDPS Act, I am not inclined to release the Petitioner on bail. Accordingly, his prayer for bail is rejected. 6.

However, considering long detention of the Petitioner inside custody and slow progress of trial, it is directed to release the Petitioner on interim bail for a period of three months from the date of his release on such terms and conditions as may be deemed just and proper by the learned court in seisin over the matter including the conditions that the Petitioner shall furnish two sureties (with proper identity proof), out of whom one shall be his relative, and that, he shall not be involved in any other offence while on bail and shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence. 7.

It is made clear that the Petitioner shall surrender on or before 24th March, 2023, failing which learned court below shall take all appropriate steps including issuance of NBW of Arrest to apprehend the Petitioner.

8.

The BLAPL is accordingly disposed of.

9.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda