Jagadish Beck & Another vs State Of Odisha

V. Narasingh, J

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

The Petitioners are accused in connection with T.R. Case No.88 of 2023, pending in the Court of the learned Sessions Judge-cum-Judge (Special Court), Sambalpur, arising out of P.R. No.91 of 2023-24 for alleged commission of offences under Sections 20(b)(ii)(C) of NDPS Act.

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

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Judge (Special Court), Sambalpur, by order dated 04.12.2023 in the aforementioned case, the present BLAPL has been filed.

The earlier bail application of the Petitioners was not entertained in terms of the order dated 15.09.2023 in BLAPL No.10127 of 2023 since the same was during the currency of investigation and taking into account that the quantity of contraband is to the tune of 38 kg of Ganja.

It is submitted by the learned counsel that in the meanwhile final P.R. has been submitted on 29.11.2023.

It is the further submission of the learned counsel for the Petitioners that the Petitioner No.2 is the first offender and so far as Petitioner No.1 is concerned, learned counsel for the State brings to the notice of this Court that he is cited as an accused in Talsara P.S. Case No.143 of 2020 under Sections 452/323/324/294/354/506 of IPC.

Referring to the same and the prescriptions of Section 37(1)(b)(ii) of NDPS Act and relying on the order of Apex Court in the case of State by the Inspector of Police vs. B. Ramu arising out of SLP(Crl.) No(s).8137 of 2022, learned counsel for the State submits that since final P.R. has already been submitted, prima facie case is made out. Hence, the Petitioners ought not to be released on bail.

Considering that the cases of this nature are lingering and that the Petitioner No.2 is the first offender and so far as Petitioner No.1 is concerned, his criminal antecedent is year old, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

Before releasing, learned Court in seisin is requested to verify the submission relating to the criminal antecedent that Petitioner No.2 is the first offender and Petitioner No.1 has one criminal antecedent. If it comes to the fore that such submission made at the Bar is found to be incorrect, this order shall not be given effect to.

Additionally, it is directed that the Petitioners 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.

Accordingly, the BLAPL stands disposed of.

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

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