Paku Patel @ Dileswar Naik Vs State Of Orissa

V. Narasingh, J

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

2.The Petitioner is an accused in connection with C.T (Special) Case No.61 of 2023, pending in the Court of the learned Sessions Judge-cum-Special Judge, Bargarh, arising out of Ambabhona P.S. Case No.142 of 2023, for commission of the alleged offence under Sections 20(b)(ii)(C)/29 of NDPS Act.

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

Being aggrieved by the rejection of her application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special Judge, Bargarh by order dated 03.01.2024 in the aforementioned case, the present bail application has been filed.

This is the second journey of the Petitioner to this Court. The earlier bail application of the Petitioner was not considered by order dated 17.10.2023 in BLAPL No.11537 of 2023, since the same was during the currency of investigation.

It is submitted by the learned counsel that the charge sheet has already been filed on 28.12.2023, copy of which is on record.

Referring to the recitals in the Case Diary, it is submitted by the learned counsel that the basis of implication is on account of the co-accused statement and to fortify his submission, learned counsel for the Petitioner draws attention of this Court to the recitals in the FIR in which it is indicated that the vehicle bearing No.OD-17C-9880 from which the contraband was seized was being driven by one Rajesh Kumar Mirdha and it is stated in the FIR “on further asking the accused disclosed that he was procured that above noted contraband Ganja from one Paku Patel of Village Jayapur having two shops in Bhatil PS area and also disclosed that the owner of the pick-up vehicle is one Mohit Kumar Naik of village of Muchhmalda”.

It has been further stated in the charge sheet which runs thus:-

“on further asking the accused disclosed that he was procured that above noted contraband Ganja from one Paku Patel of Village Jayapur having two shops in Bhatil PS area and also disclosed that the owner of the pick-up vehicle is one Mohit Kumar Naik of village of Muchhmalda”.

Referring to the same, it is submitted by the learned counsel for the Petitioner that though the date of occurrence is on 03.07.2023 the Petitioner was taken into custody on 08.09.2023 and as final form has already been submitted, his further continuance in custody is unwarranted since primarily the basis of implication is on account of the co-accused statement and as such seeks release.

Learned counsel for the Petitioner substantiates his submission by 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.

Learned counsel for the State opposes the prayer for bail referring to the order of rejection and keeping in view the bar contained in Section 37(1)(b)(ii) of NDPS Act and also submits that because of the nature of allegation, the Petitioner ought not to be released on bail.

It is further submitted by the learned counsel for the Petitioner, on instruction that the Petitioner is the first offender.

Taking note of such submission and the manner of accusation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

Before releasing, learned Court in seisin is called upon to verify the criminal antecedent of the Petitioner. If it comes to the 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 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 rule.

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