Savitri Ratho, J
1. This application under Section 439 Cr.P.C. has been filed by the petitioners in connection with Inspector of Excise, Mobile Unit, Kandhamal P.R.
Case No. 97 of 2023-24 corresponding to 2(a) C.C. Case No. 01 of 2024, pending in the Court of learned Special Judge - cum- District and Sessions
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 24.01.2024 by the learned Special Judge, Phulbani.
3. The allegations in brief against the petitioners are that on 19. 01.2024 at about 6.40 a.m., the Excise Officials detained a Renault Duster car bearing
Registration No. OD-02-Q-3312 at Sadhana Chhak, which was being driven by petitioner no. 1 Antaryami Digal and petitioner no.2 Babulu Pradhan
was sitting in the front passenger seat. On search, 10 kgs. of ganja were recovered from the rear seat of the car. As the petitioners could not produce
any authority for possession of the ganja, they were arrested and the ganja was seized.
4. Mr. B. Mohapatra, learned counsel for the petitioners submits that the petitioners are students aged about 23 years. Petitioner no.1 Antaryami Digal
is a student of +3 Arts and petitioner no.2 Babulu Pradhan is a student of +3 Commerce, in Government Autonomous College, Phulbani, Kandhamal
and they are in custody since 19. 01.2024. He further submits that the petitioners 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 age of the petitioners, the quantity of ganja seized, the submission that they are the students and do not have any criminal
antecedents, I am inclined to allow the prayer for bail.
7. The petitioners- Antaryami Digal and Babulu Pradhan 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 are the students of +3 in Government Autonomous College, Phulbani,
Kandhamal and do not have any antecedents under the NDPS Act.
8. The BLAPL is accordingly disposed of.
9. Urgent certified copy of this order be granted on proper application.
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