p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8788 of 2024 Digambar Jena …. Petitioner Ms. B. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. C.M. Singh, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 03.02.2025 04. 1. Heard learned counsel for the petitioner and State. 2. Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with C.T. (Spl) NDPS Case No.27 of 2024 pending in the file of learned Additional Special Judge, Baliguda corresponding to Tumudibandh P.S. Case No.0021 of 2024 on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1 and the rejection order i.e. Annexure-2. 4. Ms. Mishra, learned counsel for the petitioner submits that the petitioner was not arrested at the spot but after seven months from the alleged recovery of commercial quantity of 100 Kgs. of Ganja and such arrest is on account of recovery of Aadhar Card and R.C. of the vehicle lying inside the vehicle, hence, considering the same, he should be allowed to go on bail with any conditions. Page 2 of 3 5. Mr. Singh, learned counsel for the State, on the other hand, strongly, objects to the release of the petitioner on bail, as he is involved in transportation of commercial quantity of Ganja and managed to flee from the spot. 6. Gone through the contents of the F.I.R. at Anneure-1 and the circumstances leading to the alleged recovery. The chargesheet was filed on 31st January, 2025. As far as the F.I.R. at Annexure-1 is concerned, the vehicle was intercepted and no arrest was made at the spot. After search, one R.C. of the vehicle was recovered, which is in the name of the petitioner besides other Aadhar card in his name. The involvement of the petitioner is based on such recovery of documents from the driver’s seat and it has led to his arrest finally. It is further suggested that the petitioner to be owner of the vehicle in question involved in the illicit transportation. No other arrest was made except the petitioner. In so far as the investigation is concerned, the same is complete against the petitioner keeping the investigation open as informed by the learned counsel for the State. 7. Recording the instructions received by Ms. Mishra, learned counsel for the petitioner in course of hearing that the petitioner has one more antecedent however the same relates to recovery and seizure of Ganja less than commercial quantity and in view of the fact that investigation is over vis-à-vis the petitioner, who has been arrested nearly seven months after the detection, this Court is inclined to direct his release on bail with stringent conditions. 8. Hence, it is ordered. 9. In the result, the petition under Section 439 of Cr.P.C. stands allowed. Consequently, the petitioner is directed to be p. 3 released on bail in connection C.T. (Spl) NDPS Case No.27 of 2024 corresponding to Tumudibandh P.S. Case No.0021 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Special Judge, Baliguda, who shall be at liberty to impose such other suitable conditions as deemed just and proper besides the following, such as, he shall cooperate the I.O. with further investigation pending at his end and to submit an undertaking not to involve himself in any such similar nefarious activities after being released. This Court further directs that such release of the petitioner shall be subject to verification and absence of any other antecedent except the one involving less than commercial quantity of Ganja stated to be pending against him. 10. The BLAPL is disposed of. 11. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge M.K.Rout