Sarat Chandra Lenka v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11218 of 2021 Sarat Chandra Lenka ....
Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....
Opposite Party Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
06.07.2022 02.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents as well as statement of the witnesses.
3.
This is an application under Section 439 of the Criminal Procedure Code.
4.
The petitioner is an accused in 2(a) CC No.9 of 2021 arising out of Nischintakoilli Excise P.R. Case No.46 of 2021 pending in the court of learned Sessions Judge-cum-Special Judge, Cuttack for commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act. 5.
It is alleged that while the O.I.C. of Nischintakoilli Excise Station was conducting excise patrolling duty along with other staff at village area of Ekarakhi the accused was found carrying a while coloure jari bag on his shoulder in suspicious manner and on each of him, huge quantity of 'ganja' amounting to 24 Kgs. was seized from his
// 2 // exclusive and conscious possession which involves commercial quantity. Since the present accused was found in possession of 'ganja, he was implicated in this case. The materials available on record make out a strong prima facie case against the accused. Hence, the present case.
6.
It is submitted by learned counsel for the petitioner that the petitioner is in custody since 25.02.2021 and investigation of the case has been completed and charge-sheet has been submitted by the police. He further submits that the petitioner does not have any criminal antecedent of similar nature. He also submits that there is no scope for absconding or fleeing from the hands of the justice and that the petitioner is a local man.
7.
Leaned Additional Standing Counsel for the State vehemently opposes the prayer for bail of the Petitioner and submits that illegal trafficking of contraband articles is rising day-by-day and no leniency should be shown to the petitioner or similarly situated persons. 8.
Having heard learned counsel for the parties and considering the period of custodial detention of the petitioner, it is directed that let the petitioner be released on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to following conditions that :- I.
The petitioner shall not be involved in any offence of similar nature;
II.
he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;
III.
he shall not make any default in attending the court
// 3 // during trial on each date without fail; and IV.
he shall appear before the concerned Police Station once in a week preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. till conclusion of trial. Violation of any of the terms and conditions shall entail cancellation of bail.
9.
It is open for the court in seisin over the matter to impose other conditions as may 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, 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