Sikandar Shaw 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 2(a)CC No.108 of 2023, pending on the file of learned Sessions Judge-cum-Special Judge, Cuttack arising out of P.R. No.173 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 1st Addl. Sessions Judge, Cuttack by order dated 29.02.2024 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 26.06.2023 on the allegation that he along with co-accused involved in transportation of contraband Ganja to the tune of 46 Kg.

It is further submitted that this Court by order dated 20.12.2023 in BLAPL No.13589 of 2023 directed the Petitioner to be released on bail subject to verification of criminal antecedent. Since it came to fore that the Petitioner has two criminal antecedents in Nischinda PS GDE No.907 dated 19.10.2017 and Nischinda PS GDE No.1264 dated 26.12.2017, learned Court in seisin rejected the bail application. The memo annexing the criminal antecedents of the Petitioner filed in Court today is taken on record.

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 submits that since the Petitioner has two criminal antecedents, he ought not to be released on bail.

It is further submitted that the Petitioner is a flight risk.

Taking note of the nature of allegation which has been cited as antecedents and the Petitioner is in custody since 26.06.2023 and the charge in the case at hand has not been framed as stated, 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 two noted hereinabove. If it comes to fore that the Petitioner has any criminal antecedent than the two 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.

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