Chandra Khila vs State Of Orissa

V. Narasingh, J

Since both the BLAPLs relate to the same P.S. Case (Chitrakonda P.S. Case No.59 of 2022), they are heard together and disposed of by this common order, on the consent of the parties.

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

The Petitioners are accused in connection with Special G.R. Case No.79 of 2022, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri arising out of Chitrakonda P.S. Case No.59 of 2022 for alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge, Malkangiri and learned Sessions Judge-cum-Special Judge, Malkangiri, by orders dated 23.11.2023 & 11.01.2024 in the aforementioned cases respectively, the present BLAPLs have been filed.

This is the third journey of the Petitioner (Chandra Khila) in BLAPL No.305 of 2024 to this Court. Earlier the bail application of the said Petitioner (Chandra Khila) was rejected by order dated 18.01.2023 in BLAPL No.11786 of 2022 and thereafter the bail application of the said Petitioner was rejected by order dated 02.08.2023 in BLAPL No.4955 of 2023.

This is the third journey of the Petitioner (Dambaru Khilla) in BLAPL No.527 of 2024) to this Court. Earlier the bail application of the said Petitioner was disposed of by order dated 08.05.2023 in BLAPL No.11688 of 2022 and thereafter the bail application of the said Petitioner was rejected by order dated 07.11.2023 in BLAPL No.5718 of 2023.

Alleging that there is tardy progress in trial, learned counsel for the Petitioners renew their prayer.

Taking note of the same, a report was called for from the learned Court in seisin and in its report dated 30.03.2024, learned Special Judge has sought for six months time to conclude the trial and it has been stated that in the meanwhile 11 witnesses have already been examined and since 2 witnesses have been declined by the prosecution out of 26 cited, 13 witnesses remains to be examined at the behest of the prosecution.

This Court perused the deposition of P.Ws.1 to 9 which are on record.

It is urged by the learned counsel for the Petitioners that on scrutiny of the depositions it cannot be said that the Petitioners are in conscious and exclusive possession of the contraband.

Learned counsel for the State opposes such submission and submits with vehemence that during the currency of trial the grounds as stated cannot be urged at this stage.

This Court finds sufficient force in the submission of the learned counsel for the State and keeping in view the judgment of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 and taking into account the contraband is to the tune of 1700Kgs 500gms (Ganja) and the stage of trial, nature of allegations qua the Petitioners, this Court not inclined to entertain the bail application of the Petitioners at this stage.

Learned Court in seisin is requested to conclude the trial within a period of six months as undertaken in the communication referred to hereinabove.

In the event trial is not concluded within the aforementioned period liberty is granted to the Petitioners, who are stated to be the first offenders, to renew their prayer before the learned Court in seisin which shall be considered on its own merit.

Learned counsel for the State is requested to impart necessary instruction for presence of the official witnesses on the date fixed so that the trial can be concluded within the time as stipulated.

It is needless to state here that the observations made herein are only for the purpose of consideration of bail and ought not to be understood as this Court expressing any opinion regarding the complicity of the Petitioner and the same has to be adjudicated independently in the impending trial.

Copy of this order be made over to the learned counsel for the State.

Registry is requested to communicate this order.

Accordingly, the BLAPLs stand disposed of.

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