JAGANNATH LAHARIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the State on the application under section 439 Cr. P.C., 1973 for release of the petitioner on bail who is allegedly involve for the offence under Sections 20(b)(ii)(c) of NDPS Act.

(2.) Learned counsel for the petitioner submits that the ganja in question has been seized from the joint family house of the petitioner and the records of right stands the name of the father of the petitioner for which ganja was no seized from his exclusive conscious possession and the prosecution has falsely alleged that the petitioner in exclusive conscious possession of ganja. He further submits that in the meantime charge sheet has been submitted for which lenient view may be taken to release the petitioner on bail with any condition as deemed just and proper. Learned Addl. Standing counsel opposes the prayer for bail.

(3.) Considering the submissions of learned counsel for the respective parties, regard being had to the facts and circumstances of the case including the fact that ganja has been seized from the joint family house of the petitioner but not from the exclusive conscious possession of the present petitioner, fact that charge sheet in this case has been filed and fact that the petitioner being a local person there is no chance of his absconding or influencing the witnesses, let the petitioner be released on bail on furnishing bail bond of Rs. 50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned District and Sessions Judge-cum-Special Judge, Kandhamal, Phulbani in C.T. Case No.109 of 2016 with the conditions that (i) The petitioner shall appear before the court in seisin over the matter on each date of posting; (ii) he shall not tamper with the prosecution witnesses directly or indirectly; and (iii) he shall not commit any offence while in bail.