Bijay Kumar Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3053 OF 2021 Bijay Kumar Majhi .........

Petitioner Mr. B.R.Tripathy, Advocate -versusState of Odisha ............

Opposite Party Miss S. Mishra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

10.05.2022 Order No.

04.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The Petitioner is an accused in connection with Phiringia P.S. Case No. 32 of 2021 corresponding to C.T. Case No.22 of 2020 on the file of learned Sessions Judge-cum-Special Judge, Phulbani, registered for the alleged commission of offence under Sections 20(b)(ii)C/25/ 29 of the NDPS Act. The petitioner is in custody since 15.03.2021.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Sessions Judge-cum-Special

Judge, Phulbani, by order dated 06.04.2021 in C.T. Case No. 22 of 2021, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that petitioner is an occupant of the Auto Rickshaw bearing Registration No. OD-33-6896 from which contraband article was seized. The Petitioner is not the driver/owner of the said vehicle and no nexus with the alleged crime and even if the contraband article has not recovered from his conscious possession and he has no criminal proclivity. Hence, he may be released on bail. 6.

Learned counsel for the State referring to the quantity seized i.e. 42 Kgs.800 gms. being beyond the permissible limit invoke the Bar under Section 37 of the NDPS Act and opposes the prayer for grant of bail.

7.

Taking into account the circumstances in which seizure has been made and the role ascribed to the petitioner, exclusive conscious possession cannot be attributed to him. It is also stated at the Bar that trial has not commenced though Charge-sheet has been filed on 19.7.2021.

8.

On consideration of the period of custody of the accused and taking note of the submissions of the learned counsel for the petitioner that he has no criminal antecedent, this Court directs that the Petitioner to be released on bail on such terms to be fixed by the court in seisin of the matter including that the Petitioner

shall appear in person before the jurisdictional Police Station once in every month. The date of such appearance shall be fixed by the learned court below.

9.

Accordingly, the BLAPL stands disposed of.

10.

Issue urgent certified copy of this order as per Rules. Balaram ( V.Narasingh ) Judge