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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 12598 of 2023

Katti Sai

…..

Petitioner

Mr. P.K. Pradhan, Advocate

on behalf of Mr. Asit Kumar Jena, Advocate

Vs.

State of Odisha

…..

Opposite Party

Mr. A.P. Das, ASC

CORAM:

JUSTICE SAVITRI RATHO

ORDER

09.11.2023

Order No.

02.

(Through hybrid mode)

1.

Learned counsel for the petitioner is permitted to remove the

defect in Court today.

2.

This application under Section 439 Cr.P.C. has been filed in

connection with Orkel P.S. Case No. 290 of 2023 corresponding to

Special G.R. Case No. 193 of 2023 in the court of the learned

Sessions Judge-cum-Special Judge, Malkangiri under Sections 20

(b) (ii) (c) of N.D.P.S. Act.

3.

The prayer for bail has been rejected vide order dated

26.09.2023 passed by the Special Judge, Malkangiri in Special G.R.

No. 193 of 2023.

4.

The prosecution allegation in brief is that on 13.09.2023 at

about 11.20 A.M. while performing patrolling duty at Chitapari,

M.V.37, the S.I. of Police, Orkel Police Station and his team found

the petitioner with a plastic jari bag. He tried to escape on seeing the

Police. They chased and caught him. On search, 21 kg. of

contraband ganja was recovered from the jari bag which was in the

conscious possession of petitioner. As he could not produce any

document in support of the possession of ganja, ganja was seized

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and the petitioner was arrested.

5.

Mr. P.K. Pradhan, learned counsel appearing on behalf of Mr.

A.K. Jena, learned counsel for the petitioner submits that petitioner

is in custody since 13.09.2023 and he does not have any criminal

antecedents. He further submits that as the possibility of incorrect

measurement of ganja cannot be ruled out, the bar under Section 37

of the NDPS Act will not be attracted for considering his prayer for

bail.

6.

Mr. A.P. Das, learned Additional Standing Counsel opposes

the prayer for bail stating that the petitioner is an outsider and it will

be difficult to secure his attendance in the trial and investigation.

7.

Considering the nature of allegations against the petitioner,

the quantity of ganja seized, the submission regarding the possibility

of wrong weighment of ganja and lack of criminal antecedent, I am

inclined to allow the prayer for bail.

8.

Let the petitioner –Katti Sai be released on bail by the learned

Court below in seisin over the matter, subject to verification of his

criminal antecedents in Odisha, Telengana and Andhra Pradesh. If

the learned trial Court is satisfied that the petitioner does not have

any criminal antecedents, he shall be released on bail on such terms

and conditions as deemed fit and proper, including the following

conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution

witnesses while on bail.

(iii) He will furnish his mobile number, copy of his Aadhaar

Card, local and permanent address in Ramgaridi to the Court,

which shall be verified by the police before he is released on

bail.

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puspa

(iv) He will remain present on each date fixed for trial subject

to any order passed by the learned trial Court passed under

Section 317 Cr.P.C.

(v) After his release, he will report in the Orkel Police Station

every Monday between 11.00 a.m. to 1.00 p.m. till completion

of investigation.

9.

Violation of any condition will entail cancellation of

bail/recall of this order.

10.

The BLAPL is accordingly allowed.

Urgent certified copy of this order be granted as per rules.

………………………...

(SAVITRI RATHO)

JUDGE

Digitally Signed

Signed by: PUSPANJALI MOHAPATRA

Designation: Personal Assistant

Reason: Authentication

Location: Orissa High Court

Date: 14-Nov-2023 19:06:19

Signature Not Verified