Keshab Padal @ Majhi vs State Of Orissa

V. Narasingh, J

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

The petitioner is an accused in T.R. Case No.26 of 2022, pending before the Court of learned Sessions Judge-cum-Special Judge, Rayagada, arising out of P.R. Case No.16 of 2022-23 of Inspector of Excise, District Mobile, Rayagada, for alleged commission of offence under Sections 20(b)(ii)(C) & 29 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, Rayagada by order dated 21.03.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 18.09.2022 on the accusation that he was the supplier of the contraband to the tune of 4572Kgs (Ganja) which was seized from the conscious and exclusive possession of the co-accused Dinesh Kumar and Chandan who were present in the truck bearing No.CG-13-Y-5263.

It is the submission of the learned counsel for the petitioner that since the basis of accusation is on account of co-accused statement and as the petitioner is the first offender, keeping in view law laid down by 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, the petitioner may be released on bail.

An affidavit that the petitioner does not have any criminal antecedent filed at his behest by the father is taken on record.

Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37(1)(b)(ii) of NDPS Act, the petitioner ought not be released on bail.

Taking into account the period of custody for more than a year and as charge sheet has already been filed and as trial has not progressed beyond the stage of framing of charge, this Court directs the petitioner to be released on bail on terms to be fixed by the learned Court in seisin.

Before releasing the petitioner on bail, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to fore that the petitioner has any criminal antecedent, 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 Court in seisin.

It is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family of the petitioner, who shall execute a P.R. bond.

Accordingly, the BLAPL stands disposed of.

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

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