Subasish Moharana vs. State Of Odisha

1. Heard learned counsels for the respective parties.

Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Drugs Inspector, Cuttack Circle-III letter No. Case No.768 dated CTC-III/CTC dated 22.10.2020 corresponding to 2(C) C.C. No.244 of 2020 pending in the file of learned S.D.J.M.(S), Cuttack on the grounds stated therein.

Perused the P.R. as at Annexure-1. The Court finds that notice has been issued. The Court finds from Annexure-2 a copy of the order dated 5th February, 2025 in 2(C) CC No.244 of 2020 that the learned S.D.J.M.(S), Cuttack has issued N.B.W.(A) against the petitioner fixing the date to 25th March, 2025 for his production. The submission of learned counsel for the petitioner is that the purchase of the drug is through a bill on payment of GST as made to reveal from the P.R. itself and since, it has been supplied by the retailer, the petitioner should be granted pre-arrest bail. From the P.R. i.e. Annexure-1, the Court further finds that spurious drug, namely, Sucral-O Suspension was found from the possession of the petitioner, who runs a shop allegedly procured from M/s Maa Sarala Agencies, which is the retailor. The submission is that such purchase has been through sale invoices by the retailor from M/s. Jiptmersc Pharmaxis. Learned counsel for the State submits that the spurious drug has been recovered and seized from the shop of the petitioner by the Drug Inspector, Cuttack- III Range, Cuttack, hence, the complaint as per Annexure-1. Considering the submission as above and the fact that the petitioner is a shop owner managed the drugs from the retailor and the claim is that he is innocent without having knowledge the drug to be spurious, this Court is of the view that he though not entitled to pre-arrest bail, but should be directed to surrender before the learned court below for being released with stringent conditions.

Accordingly, it is ordered.

In the result, ABLAPL stands disposed of with the direction as aforesaid. It is further directed that upon surrender before the court of learned S.D.J.M.(S), Cuttack within a fortnight from today, the petitioner shall be released on bail in connection with Drugs Inspector, Cuttack Circle-III letter No. Case No.768 dated CTC-III/CTC dated 22.10.2020 corresponding to 2(C) C.C. No.244 of 2020 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 court below, which shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall co-operate the I.O. in the investigation as and when called upon and to continue to do so, till its completion.

Issue urgent certified copy as per rules.