Gobinda Bisoi 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 C.T. (NDPS) Case No.06 of 2023, pending on the file of learned Sessions Judge-cum-Special Judge, Jajpur arising out of Badachana P.S Case No.60 of 2023, for commission of alleged offences under Section 20(b)(ii)(c) of the NDPS Act.

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

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Jajpur by order dated 11.03.2024 in the aforementioned case, the present BLAPL has been filed.

This is the fourth journey of the Petitioner to this Court.

It is submitted by the learned counsel that the Petitioner along with co-accused is in custody since 7.3.2023 on the accusation of possessing contraband Ganja to the tune of 84 Kg.

It is further submitted that the charge sheet in the case at hand has been filed on 11.6.2023 and the prosecution has cited 44 witnesses to drive home the charge.

It is stated on instruction that the charge in the case at hand has not been framed and the Petitioner is the first offender. Hence, the Petitioner may be released on bail on the ground of procrastination of trial.

Learned counsel for the State opposes the prayer in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act and in view of the recent pronouncement 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 submits that the Petitioner ought not to be released on bail.

Taking note of the nature of allegation as borne out from the recitals of the case diary and that the Petitioner is in custody for more than a year and keeping in view the dictum of the Apex Court in the case of Ravi Prakash vrs. The State of Odisha, 2023 Live Law (SC) 533 and Mohd. Muslim @ Hussain Vs. State (NCT of Delhi), AIR 2023 SC 1648, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

Additionally it is directed that the Petitioner shall appear before the jurisdictional police station once every two months 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.

The BLAPL is accordingly disposed of.

Issue urgent certified copy of this order as per rules.

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