IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12734 of 2023
Pramod Kumar Digal ….. Petitioner
Mr. Mahes Das, Adv.
Vs.
State of Odisha ….. Opp. Party
Mr. S. S. Mohapatra, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
31.01.2024
Order No.
(Through hybrid mode)
02.
1. This application under Section 439 of the Cr.P.C. has been
filed in connection with K. Nuagaon P.S. case No. 105 of 2023
corresponding to C.T. Case No. 89 of 2023 pending before the
Court of learned Special Judge-cum- Additional District and
Sessions Judge, Balliguda, registered under Section 20(b)(ii)(c) of
the NDPS Act.
2. The prayer for bail of the petitioner has been rejected on
31.10.2023 by the learned Special Judge-cum- Additional District
and Sessions Judge, Balliguda, Kandhamal.
3. The prosecution allegation in brief is that on 05.08.2023,
while the SI of the police. Nuagaon PS was performing patrolling
duty at Daringbadi Chak with other staff at about 5.30 Am, they
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found one silver colour Maruti Alto car bearing registration No.
OR-12-A-1414 coming from Baliguda side towards K.Nuagaon.
They chased the car and detained it. One Ajit Pradhan @ Jitu was
present in the car and on search of the car, a white colour jerry bag
was recovered from the dickey of the car which was found to
contain 24 kg 490 gms. of the Ganja. As the co-accused could not
produce any authority for the possession of the ganja, the ganja
was seized and he was arrested. As it was found that the petitioner
was the owner of the car, notice was issued to him by the IO. But
he did not respond to the notice and subsequently, he has been
arrested on 22.10.2023.
4. Mr. M. Das, learned counsel for the petitioner submits that
the Ajit Pradhan @ Jitu has been employed by the petitioner as a
driver. He had been given strict instruction not to carry any
contraband in the car or use the car for any illegal activity. But
without his knowledge and against his instruction the co-accused
he has apparently carried contraband ganja in the car. There is no
allegation that the petitioner was in the vehicle when the ganja was
being transported or that the ganja was being transported on his
instruction. As no contraband has been seized from him and he has
also no criminal antecedents under the NDPS Act, Section 37 of
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the NDPS Act will not be a bar for consideration of his prayer for
bail. He further submits that the prayer for bail of the co-accused
Ajit Pradhan @ Jitu has been allowed in BLAPL No.10895 of
2023 on 09.10.2023 by this Court. Since major part of the
investigation is over, he may be released on bail.
5. Mr. S.S. Mohapatra, learned Additional Standing Counsel,
opposes the prayer for bail stating that as the petitioner is the
owner of the car, a case under Section 20(b)(ii)(c) and 25 of the
NDPS Act is squarely made against him.
6. Considering the nature of allegations against the petitioner
and as no contraband has been seized from the possession of
petitioner and he is stated to have no criminal antecedents under
the NDPS Act, I am of the view that Section 37 of the NDPS Act
will not be a bar for releasing him on bail. Moreover, co-accused
Ajit Pradhan @ Jitu has been released on bail, I am therefore
inclined to allow the prayer for bail.
7. Let the petitioner Pramod Kumar Digal be released on bail
on such terms and conditions as deemed fit and proper by the
learned Court below in seisin over the matter including the
following conditions:
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(i) The petitioner shall co-operate with the investigation and
appear before the K.Nuagaon Police Station once in two
weeks preferably on a Monday between 4.00 PM to 6.00 PM
till completion of investigation.
(ii) He shall not commit similar offence while on bail.
8. Violation of any condition will entail in cancellation of bail.
9. The BLAPL is accordingly disposed of.
10. Urgent certified copy of this order be granted on proper
application.
(Savitri Ratho)
Judge
Subhalaxmi
Signature Not Verified
Digitally Signed
Signed by: SUKANTA KUMAR BEHERA
Designation: Senior Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
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Date: 01-Feb-2024 20:36:59