Sandeep Singh Teji 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 T.R Case No.64 of 2020, pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput arising out of Nandpur P.S. Case No.75 of 2020, 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, Koraput by order dated 01.02.2024 in the aforementioned case, the present BLAPL has been filed.

This is the third journey of the Petitioner to this Court. This Court while not enlarging the Petitioner on bail in BLAPL No.3954 of 2021 by order dated 2.8.2022 called upon the learned trial court to expedite the trial. In view of the decision of the Apex Court in the case of Rabi Prakash vrs. The State of Odisha, 2023 LiveLaw (SC) 533, this Court by order dated 17.01.2023 in BLAPL No.2930 of 2023 directed the Petitioner to be released on bail subject to verification of criminal antecedent.

While considering the bail application of the Petitioner it came to fore that since he has one criminal antecedent and has been cited as an accused in Losudimari P.S. Case, Dist-Indore, M.P Case No.93 of 2015 under Section 304(A) IPC, learned Court in seisin rejected the bail application of the Petitioner.

It is submitted by the learned counsel that the Petitioner is in custody since 08.10.2020 and the allegations against him is that he was the driver of the oil tanker from which contraband (ganja) to the tune of 596 kg 900 grams were recovered.

It is stated that the trial is still lingering and only 5 witnesses out of 18 charge sheeted witnesses have been examined.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act.

Procrastination of trial is one of the grounds which weighed with this Court in directing release of the Petitioner by order dated 17.01.2024 adverted to hereinabove.

Taking note of the same and that Petitioner has no other criminal antecedent than one noted hereinabove as submitted on instruction, this Court directs the Petitioner be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that the Petitioner shall not leave the jurisdiction of the learned Court in seisin without its express permission and 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. Violation of any of the condition shall entail cancellation in accordance with law.

Before releasing learned Court in seisin is requested to call for a fresh report from the parent police station as to whether the Petitioner has any criminal antecedent than the one noted hereinabove. If it comes to fore that the Petitioner has any criminal antecedent than the one noted hereinabove, this order shall not be given effect to and the matter shall be informed to this Court to initiate necessary action for misleading the Court against the Petitioner as well as deponent of the bail application.

The BLAPL is accordingly disposed of.

Issue urgent certified copy of this order as per rules.

.…………………………..