Savitri Ratho, J
1. This application under Section 439 Cr.P.C. has been filed by the petitioners in connection with Phiringia P.S. Case No. 16 of 2024 corresponding to C.T.(N) Case No. 21 of 2024, pending in the Court of learned Special Judge, Phulbani under Sections 20(b)(ii)(B) of the N.D.P.S. Act.
2. The prayer for bail of the petitioners had been rejected vide order dated 18.01.2024 by the learned Special Judge, Phulbani.
3. The allegations in brief against the petitioners are that on 14.01.2024 at about 12.30 p.m., while S.I. of Police Phiringia Police Station was performing M.V. checking duty near Kasinipadar Chhak, they found a motorcycle bearing Registration No. OD-12-A-1956 coming from village Panga at a high speed. The petitioners who were on the motor cycle tried to flee on seeing the police party. They were detained and on search a poly bag containing 12 kgs. 200 grams of ganja was seized from the motor cycle. As the petitioners could not produce any authority for possession of ganja, they were arrested and the ganja was seized.
4. Mr. S.K. Dwibedi, learned counsel for the petitioners submits that the petitioners are in custody since 14.01.2024 and do not have any criminal antecedents. He also submits that the in view of the quantity of ganja seized the bar under Section 37 of the NDPS Act will not be attracted for consideration of their prayer for bail.
5. Ms. S. Mishra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that these types of crimes are increasing every day and since the investigation is in progress and the antecedents of the petitioners have not been verified, they should not be released on bail.
6. Considering the quantity of ganja seized and the submission that the petitioners do not have any criminal antecedents, I am inclined to allow the prayer for bail.
7. The petitioners- Prakash Bindhani @ Prakash Chandra Bindhani and Balmiki Digal shall be released on bail on such terms and conditions as may be fixed by the learned Court in seisin over the matter, after the learned Court verifies that the petitioners do not have any antecedents under the NDPS Act, including the following conditions:
(i) They will not indulge in any criminal activity while on bail.
(ii) They will not threaten or try to influence prosecution witnesses while on bail.
(iii) They will report before the Phiringia Police Station on every Sunday between 3.00 p.m. to 5.00 p.m. for a period of three months or till completion of investigation whichever is earlier.
(iv) They will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.
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.
11. A copy of this order be supplied to Ms. S. Mishra, learned Addl. Standing Counsel for onward transmission to the I.I.C., Phiringia Police Station.
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