Dillip Kumar Karma vs State Of Orissa

B. P. Routray, J

This matter is taken up through video conferencing.

This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.20(b)(ii)(C) of the NDPS Act for alleged possession of

contraband weighing 84 kg. 700 grams.

Heard Mr. A.P. Bose, learned counsel for the Petitioner as well as Mr. A. Rath, learned A.S.C. for the State-Opposite Party.

It is submitted by learned counsel for the Petitioner that the Petitioner is inside custody since 25.11.2019 and in the meantime though trial has

commenced but the same has yet to complete. It is further submitted that the independent seizure witness has been turned hostile and as such there is

a good chance of acquittal in favour of the Petitioner.

After hearing learned A.S.C. for the State-Opposite Party, I am not inclined to release the Petitioner on bail keeping in view the embargo contained

in Section 37(1)(b) of the NDPS Act as the amount of contraband is admittedly attracting the commercial quantity. The prayer for bail is rejected.

However keeping in view the long period of detention of the Petitioner inside custody and slow progress of trial and the fact that the Petitioner is a

permanent resident under Manamunda P.S., it is directed to release the Petitioner on interim bail for a period of 75 days from the date of his release in

connection with Bausuni P.S. Case No.151/2019 corresponding to C.T. Case No.751/2019 on such terms and conditions to be fixed by the learned

Addl. Sessions Judge-cum-Special Judge, Boudh as he deems just and proper including the condition that the Petitioner shall furnish two sureties out of

which one shall be his relative, and the petitioner shall not involved in any other offence while on bail.

It is made clear that learned trial court is at liberty to take all steps for apprehending the Petitioner in case he fails to surrender on the date so fixed

by the learned trial court upon his release on interim bail.

The BLAPL is disposed of with the aforesaid directions.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021 and Court’s Office

Order circulated vide Memo No.514, dated 7th January, 2022.

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