PANKAJ PRUSTY AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in BLAPL No. 5087 namely, Pankaj Prusty, petitioner in BLAPL No. 5088 of 2015 namely, Pramod Barik and petitioners in BLAPL No. 5149 of 2015 namely, Bira Kishore Dwari, Bagaban Sahu and Pramod Barik have filed applications under section 439 Cr.P.C. for bail as their prayer for bail was turned down by the learned Sessions Judge -cum -Special Judge, Kandhamal, Phulbani.

(2.) ON 20.04.2015 one Bibhudata Rautaray, Sub -Inspector of Police, Gochhapada Police Station lodged the First Information Report before Officer -in -Charge, Gochhapada Police Station, District, Kandhamal stating therein that on 19.04.2015 at about 5.30 p.m., the Officer -in -Charge of Gochhapada Police Station received reliable information that one Sumanta Kumar Khatua along with his associates were transporting ganja in a white colour Bolero Car bearing Registration No. OD -27 -4015 being escorted by three bikes bearing Registration Nos. OD -31 -0573, OD -27 -0623 and OD -02 -B -7492 and they were likely to pass through Gochhapada -Balandapada Road. The fact was entered in the Station Diary of the Police Station and then the informant along with the members of the raiding party proceeded to the spot being accompanied by two local witnesses and they reached at Bunduli Chhak and waited there concealing their presence. After about five to ten minutes, the white colour Bolero vehicle being escorted by three bikes came as per prior information and accordingly the raiding party members detained the bikes and the Bolero car. The petitioners in the three bail applications were in the three bikes which were escorting the Bolero vehicle. Two co -accused persons namely, Ashis Pradhan and Bhagat Manira were in the Bolero vehicle. The rider of the first piloting bike bearing Registration No. OD -02 -B -7492 ran away towards nearest jungle leaving his bike by the side of the road but the raiding party members caught hold of him. From the personal search of the petitioners, no incriminating materials were detected but on search, from the Bolero vehicle, seven numbers of big plastic bags containing ganja were found and the total quantity of ganja on weighment became 189 Kg. 460 grams. The weighment of ganja was made in presence of the Block Development Officer, Phiringia -cum - Executive Magistrate. Samples of ganja from each of the seven plastic bags were separately drawn, packed and sealed. The seizure lists in respect of ganja, Bolero vehicle, bikes, articles recovered from personal search of the petitioners were prepared. The petitioners were taken into custody. FIR was lodged against seven accused persons including the petitioners who were in the escorting bikes, two co -accused persons who were in the Bolero vehicle as well as the owner of the Bolero vehicle namely, Sumanta Kumar Khatua.

(3.) THE bail applications of the petitioners were rejected by the learned Sessions Judge -cum -Special Judge, Kandhamal, Phulbani mainly on the ground that commercial quantity of ganja was recovered from the Bolero vehicle being driven by some of the co -accused persons and the petitioners were escorting the said Bolero in three bikes. It was further observed that even though no ganja was seized from the bikes of the petitioners but they were party to criminal conspiracy for commission of offence under section 20(b)(ii)(C) of N.D.P.S. Act and were caught red handed at the place of incident and admitted before the police officials transporting ganja for their boss Mr. Sumanta Kumar Khatua. It was further held that the investigation was under progress and there was chance of tampering with the prosecution evidence and absconding from the course of justice. Considering the nature, gravity and seriousness of the offence, the bail applications were rejected.