Arjuna Danayak vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Special Case (NDPS) No.20 of 2023(A), pending in the Court of the learned Additional District & Sessions-cum-Special Judge, Kantamal, arising out of Manamunda P.S. Case No.04 of 2023, for alleged commission of offences under Section 20(b)(ii)(C) and 29 of NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Judge, Kantamal, by order dated 17.08.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner has been arrayed as an accused for allegedly being involved in the transportation of contraband to the tune of 94Kgs (Ganja) on the basis of statement of the accused persons who were nabbed at the spot namely, Kailash Singh and Prasant Guru.

It is submitted that the alleged occurrence took place on 03.01.2023 and charge sheet has been filed on 30.06.2023 wherein the Petitioner has been cited as an absconder and later on the Petitioner was taken into custody on 13.08.2023.

It is further submitted by the learned counsel for the Petitioner that the co-accused has since been released on bail by this Court by order dated 18.09.2023 in BLAPL No.8120 of 2023, hence the Petitioner seeks release inter alia on the ground of parity.

It is the further submission of the learned counsel that the Petitioner is the first offender and he brings to the notice of this Court that the co-accused who has since been released on bail had criminal antecedent and since the Petitioner is on a better footing, he seeks release.

Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37(1) of NDPS Act.

Taking into account the manner of implication and keeping in view the law laid down by the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2020) 80 OCR (SC) 641 and the dictum of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in 2022 (10) SCC 51 relating to parity, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

………………………