Ghanashyam Khatua 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, 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 06.07.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 31.03.2023 on the accusation that he was involved in the transportation of contraband to the tune of 94Kgs (Ganja).

Learned counsel for the Petitioner submits that the allegation of the prosecution is that the contraband was procured from the Petitioner and the other co-accused.

It is the submission of the learned counsel for the Petitioner that even if the entire case of prosecution is accepted at its face value, the basis of accusation is on account of the co-accused statement and referring to the dictum of the apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2020) 80 OCR (SC) 641 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC) 622, he submits that further continuance of the Petitioner in custody is unwarranted.

Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37(1) of NDPS Act and more particularly since the Petitioner has criminal antecedents of two cases under the Special Act and also in respect of Manamunda P.S. Case No.322 of 2022.

It is submitted by the learned counsel for the Petitioner that though in Manamunda P.S. Case No.322 of 2022 has been cited as criminal antecedent, the Petitioner has not been remanded in the said case as yet.

It is the submission of the learned counsel for the State with reference to the criminal antecedents that in view of the second limb of Section 37(1) of NDPS Act, the Court has to satisfy itself that on being released, he is not likely to commit any offence while on bail. And, in view of the criminal antecedent of the Petitioner, the Petitioner ought not to be released on bail.

Learned counsel for the Petitioner further submits that charge sheet has been filed on 30.06.2023 and the Petitioner is a local person.

Taking into account the manner of accusation in the case at hand, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Before releasing the Petitioner on bail, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner is involved in any other case other than the three cases referred to hereinabove, 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.

It is further made clear that this Court has not expressed any opinion regarding the accusation qua the Petitioner in Manamunda P.S. Case No.322 of 2022 which has to be dealt with in an independent manner.

Accordingly, the BLAPL stands disposed of.

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

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