Dipak Kumar 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 G.R. Case No.158 of 2022, pending in the file of learned Special Judge, Puri, arising out of Puri GRPS Case No.116 of 2022 for alleged commission of offences under Sections 20(b)(ii)(c) of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Puri by order dated 08.05.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted that the learned counsel that the Petitioner is in custody since 31.10.2022 and as final P.R. has been submitted on 26.04.2023, his further continuance in custody is unwarranted.

Referring to F.I.R. it is submitted that though the contraband (ganja) seized is the tune of 29 kg 200grams from the present petitioner. Yet, independent seizure from the co-accused been clubbed together so as to implicate the petitioner as an accused in respect of seizure of 86.800 kgs of contraband.

On instruction, it is submitted by the learned counsel that Petitioner is the first offender.

It is also stated by the learned counsel that the manner in which the seizure has been effected conscious and exclusive possession cannot be attributed to the Petitioner.

Learned counsel for the petitioner also relies on the order dated 04.07.2023 passed by this Court in respect of the co-accused in BLAPL No.12172 of 2022 and seeks release inter alia on the ground of parity.

Learned counsel for the State refutes such submission of clubbing of independent seizure relying on the seizure list in which all the accused persons have signed.

Considering the age of the Petitioner (20 years) and bleak chance of early trial, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of Petitioner during trial, since he does not belong to the State of Odisha, additionally, it is directed that one of the family member of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedent from P.S.-Hurnod, Dist-Nalanda, State- Bihar shall also be called for.

If it comes to fore that the Petitioner has criminal antecedent of any nature, this order shall stand recalled.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month 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 Court in seisin.

Accordingly, the BLAPL stands disposed of.

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

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