The court established that lack of sufficient evidence beyond confessions permits bail under the NDPS Act, especially when petitioners have no history of drug-related offences.

JUDGMENT :

Savitri Ratho, J.

These applications have been filed under Section 439 of Cr.P.C. in connection with Patnagarh P.S. Case No. 317 of 2023 corresponding to Special G.R. Case No. 44 of 2023 pending in the Court of the learned Addl. Sessions Judge -cum- Special Judge, Patnagarh registered for commission of offences punishable under Sections 21 (C)/29 of the N.D.P.S. Act.

2. Charge sheet dated 07.06.2024 has been filed in this case for commission of offences punishable under Sections 21 (C)/29 of the N.D.P.S. Act against the present petitioners and co-accused Anirudha Meher.

3. The prayer for bail of the petitioner- Hrusikesh Behera has been rejected on 25.04.2024 by the learned Additional Sessions Judge, Patnagarh.

4. The earlier application BLAPL No. 36 of 2024 filed by the petitioner Rohit Kumar Singh had been dismissed by me on 09.01.2024 granting liberty to the petitioner to move for bail afresh after completion of the investigation. Thereafter, the petitioner has moved the learned Court below for bail again and the prayer has been rejected by the learned Special Judge, Patnagarh on 19.06.2024.

5. The earlier application BLAPL No. 38 of 2024 filed by the petitioner Damodar Mallick @ Damodar Mallik had been dismissed by me on 09.01.2024 granting liberty to the petitioner to move for bail afresh after completion of the investigation. Thereafter, the petitioner has moved the learned Court below for bail again and the prayer has been rejected by the learned Special Judge, Patnagarh on 19.06.2024.

6. These applications were listed before me alongwith BLAPL No. 6620 of 2024 filed by co-accused Anirudha Meher. BLAPL No. 6620 of 2024 was withdrawn by the learned counsel while these applications were heard together as they arise out of the same FIR and judgment was reserved.

PROSECUTION ALLEGATIONS

7. The prosecution allegations in brief is that on 11.12.2023, at 02.00 p.m., O.I.C. of Patnagarh Police Station received information that one Anirudha Meher of Bindhanpathar Police Station Patnagarh is transporting Corex Cough syrup in his bike and will transport the same to Belpada side. After receipt the information the S.I. of Patnagarh P.S. along with the staff were proceeded to the spot for verification of veracity information. Then, they rushed to the spot along with witnesses and after reaching at Bindhanpadar Chowk at about 3.00 p.m. and verified the information. Then, they concealed themselves near Bindhanpathar. At about 3.30 p.m. they noticed that one Honda CB Shine bike having Registration No.OR-03-H-6277 was coming from Bindhanpathar village being driven by Anirudha Meher with one big plastic bag behind him. Suspecting to have illegal transportation of corex cough syrup they managed to detain him on the main road. After completing all the formalities they searched his bag in the presence of an Executive Magistrate and found three nos. of cardboard cartoon containing Tuscorex bottle and each bottle contain 100 m.l. capacity having Codeine Phosphate of 10 mg. in each bottle. One card board cartoon have 100 nos. of sealed Tuscorex bottle and three card board cartoons contain total of 300 nos. of Tuscorex bottles, in total nos. of 200 nos. of company sealed contraband Tuscorex cough syrup containing codenine Phosphate and tripolidine Hydrochloride Syrup having Batch no. TBHW1094 and 100 nos. of company sealed contraband Tuscorex cough syrup containing codeine Phosphate and Tripolidine Bydrochloride syrup having batch no. TBHW1047 having similar logo, sticker. All total 30,000 M.L. (30 kgs.) mixture contained Codeine Phosphate in 300 sealed Tuscorex Cough Syrup b