IN THE HIGH COURT OF ORISSA: CUTTACK

(Criminal Miscellaneous Jurisdiction)

BLAPL No. ____ /2019

Code No. _________

In the matter of:

An application U/s 439 of Cr.P.C for bail.

In the matter of:

An application arising out of T.R. Case No. 108/19

corresponding to P.R. Case No. 30/ 2019-20 of Exise

District Mobile Malkangiri now pending before the

Learned District and Session Judge cum Special Judge,

Malkangiri.

And

In the matter of:

Tarun Das, aged about 24 years

S/o Bipul Das

M.V. 37 P.S.- Orkel

Dist.- Malkangiri

…………………………..Petitioner

(In Jail Custody)

-Versus-

State of Orissa ………………………… Opp. Party

 (The matter out of which this Bail application arises was never

before this Hon’ble Court in any form whatsoever as per

instruction received from my client)

To

The Hon’ble Shree Justice K.S. Javeri, B.Sc LLB the Chief

Justice of Orissa High Court and his Lordship Companion

Judges of the said Hon’ble Court.

The humble petition of the

Petitioner named above;

Most Respectfully Sheweth:

1. That on 09.09.2019 police report FIR was lodged against the

petitioner by S.I of the Excise District Mobile Malkangiri vide

P.R case no. 30 / 2019-20 was registered for commission of

offence punishable U/s 20 (b) (ii) (B) of NDPS Act and said

case is now pending before the Learned District and Session

Judge cum Special Judge, Malkangiri being number as T.R.

Case No. 108/19.

2. That the prosecution allegation as on 19.08.2019 at 5:30AM,

the S.I received credible information that regarding

possession and transportation of Ganja by one person by

Hero Deluxe motor cycle and being directed by the

Superintendent of Excise the informant along with other staff

proceeded near the spot. It is further revealed from the

police report is that on 19.08.2019 at around 6:30 AM

during the course of patrolling in the near village Chitapari

the S.I of the Excise District Mobile Malkangiri detected a

possession and transportation of 12 KG and 100 gms of

contraband Ganja (with bag 12.500 KGs) from the accused

person. It was further alleged that the accused person was

carrying the same in a Hero Deluxe Motor Cycle bearing

registration no. OD-30-A-7723.

The Xerox copy of the PR is filed

herewith as ANNEXURE- 1.

3. That the bail application in terms of section 439 CrPC was

moved before the learned court below but the same was

rejected without assigning any sound reason and without

application of judicial mind.

The true copy of rejection order is filed

herewith as ANNEXURE - 2

4. That the petitioner is a poor, innocent and law abiding

person having no criminal antecedent and thus there is no

way that he is involved in the crime. The S.I of the Excise

District Mobile Malkangiri has not seized any Ganja from the

exclusive and conscious possession of the petitioner. The

petitioner was arrested on 10.09.2019 and since then he is

languishing in jail custody without any rhyme and reason.

5. That, it is respectfully submitted that except the informant

and his staffs there are no independent witness to the

occurrence. No contraband Ganja was seized from the

possession of the petitioner.

6. That, it is respectfully submitted that it is a case offence

under section 20 (b) (ii) (B) of NDPS Act. The section 37 of

NDPS Act is not a bar for grant of bail in this case.

7. That, it is respectfully submitted that even after accepting

the entire allegation are to be true the basic ingredients to

constitute the above offences are square lacking against the

petitioner.

8. That the petitioner is the permanent resident of Orkel P.S of

Malkangiri district and hence there is no chance of

absconding / fleeing from trial. The petitioner is a young

man, having a bright future ahead and is the only earning

member of his family, a lenient view be taken on their bail

application.

9. That in the view of the above background the petitioner

prayer for bail deserve sympathetic consideration and he

may kindly be released on bail in any terms and conditions

as deemed just and proper.

PRAYER

The petitioner therefore prayed that in view of the above

mentioned facts and circumstances this Hon’ble Court be

sympathetic and considered to the bail application of the

petitioner and he may kindly be released on bail on any terms

and conditions as the Hon’ble Court thinks fit just and proper.
 And for the said act of kindness, the petitioner as in

duty bound shall ever pray.

Cuttack By the petitioner through

Date: Advocate