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Dasarathi Bisoi vs State of Orissa

Orissa High Court · Decided on 25 September 2023 · Citation: (2023) 09 OHC CK 0212

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 37(1)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2341 Of 2023
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Judgment

14 paragraphs · 382 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in connection with T.R. Case No.147 of 2020, pending on the file of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Orkel P.S. Case No.201 of 2020, for alleged commission of offences under Section 20(b)(ii)(C) of N.D.P.S. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri, by order dated 14.02.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 18.11.2020 on the accusation that he along with the co-accused are in possession of contraband to the tune of 95Kgs 800gms (Ganja).

5.

It is stated that since trial has already commenced and as the Petitioner is the first offender and keeping in view the nature of allegation which prima facie do not indicate that the Petitioner was in conscious and exclusive possession of the entire quantity of contraband, his further continuance in custody is unwarranted.

6.

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

7.

Perused the report submitted by the learned Court in seisin indicating that the trial is likely to be concluded by the end of first quarter 2024.

8.

Taking into account that the Petitioner is the first offender as stated and the period in custody, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

9.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station twice 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.

10.

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

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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