Opp. Party Ms. S. Mishra, A.S.C v. Opp. Party
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1923 of 2024 Anil Kumar Biswal Petitioner Mr. Amlan Shakti Paul, Advocate ….. Vs. State of Orissa Sarathi Nayak State of Orissa ….. BLAPL NO. 1653 of 2024 Opp. Party Ms. S. Mishra, A.S.C. Petitioner Mr. Amlan Shakti Paul, Advocate Vs.
Legal Reasoning
Opp. Party Ms. S. Mishra, A.S.C. BLAPL NO. 2363 of 2024 Sk. Taisim @ Kunal @ Kuno Petitioner Mr. Amlan Shakti Paul, Advocate Vs. State of Orissa CORAM: Opp. Party Ms. S. Mishra, A.S.C. JUSTICE SAVITRI RATHO
Decision
ORDER 02.05.2024 (Through hybrid mode) Order No. 04. 1. These applications under Section 439 of Cr.P.C. have been filed in connection with Khordha Model P.S. Case No. 448 of 2023 corresponding to T.R. Case No. 70 of 2023 pending in the Page 1 of 6 court of the learned 1st Additional Sessions Judge -cum- Special Judge, under NDPS Act, Khordha where preliminary charge sheet has been filed against the petitioners and one Chittaranjan Sahoo for commission of the offences punishable under Section 21(c), 29 of the NDPS Act, keeping investigation open. 2. These application have been listed before me as the prayer for bail of co-accused Chitta Ranjan Sahoo @ Chitta in BLAPL No. 765 of 2024 had been disposed of by me on 13.02.2024. 3. Sk. Taisim @ Kunal @ Kuno petitioner in BLAPL No. 7545 of 2024 had earlier filed BLAPL No. 876 of 2024, which had been disposed of by me on 20.02.2024 granting him liberty to move the learned Court below for bail afresh as preliminary charge sheet had been filed in the mean while. 4. The learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khurda has rejected the prayer for bail of the petitioner Anil Kumar Biswal petitioner in BLAPL No.1923 of 2024 on 08.02.2024, prayer for bail of the petitioner Sarathi Nayak petitioner in BLAPL No.1653 of 2024 on 29.01.2024 and prayer for bail of the petitioner Sk. Taisim @ Kunal @ Kuno petitioner in BLAPL No.2363 of 2024 on 29.01.2024. Page 2 of 6 5. The prosecution allegation in brief is that on 17.07.2023, on receiving information from reliable sources regarding selling and dealing of brown sugar by one Sarathi Nayak along with Chittaranjan Sahoo, Anil Kumar Biswal and Sk. Taisim in the house of Sarathi Nayak, the SI of Model Police Station, Khurda reached the spot and found the petitioner and co-accused Chittaranjan Sahoo sitting on a bed in the front room of the house. On seeing the police party, they tried to flee from the spot, but they were arrested. On search, 300gm of Brown sugar was recovered from a packet kept under the t-shirt of petitioner Sarathi Nayak along with yellow colour cut paper bundle. As the accused persons could not produce any authority for possession of the said brown sugar, the brown sugar was seized, and they were arrested. 6. Mr. A. S. Paul, learned counsel for the petitioners submits that all the petitioners are in custody since 18.07.2023. He further submits that although it has been stated that the brown sugar was recovered from the possession of the accused Sarathi Nayak inside the front room of his house, where the other accused persons were present, but witnesses have stated that Page 3 of 6 while the accused persons were standing outside the house of accused Sarathi Nayak, police arrived at the spot and on search the brown sugar was recovered from Sarathi Nayak. He further submits that petitioner Anil Kumar Biswal is aged about 19 years and has no criminal antecedents, petitioner Sk. Taisim has some criminal antecedents, but none are under the NDPS Act and petitioner Sarathi Nayak has a few similar criminal antecedents under the NDPS Act, but he has been granted bail by this Court in the said cases. As investigation is over the petitioner may be granted bail. 7. Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail of all the petitioners stating that Section 37 of the NDPS Act will be a bar for releasing him on bail and spoiling the youth of the country. She has also submitted as per the allegations all the accused persons had gathered at the house of Sarathi Nayak for the purpose of distribution of Brown sugar for the purpose of sale. These types of crimes are rising every day for which the petitioners should not be released on bail. But referring to the case diary, she submits that the petitioner Anil Kumar Biswal does not have any criminal Page 4 of 6 antecedents while petitioner Sk. Taisim has some criminal antecedents and petitioner Sarathi Nayak has criminal antecedents under the NDPS Act. 8. Considering the submissions of the learned counsel for the petitioner, I am not inclined to grant bail to petitioner Sarathi Nayak, from whose possession brown sugar of commercial quantity has been recovered. I am also not inclined to grant bail to Sk. Taisim @ Kunal @ Kuno, who has a number of criminal antecedents. Their prayer for bail is rejected. 9. As regards petitioner Anil Kumar Biswal considering his age, lack of criminal antecedents and as the brown sugar has not been seized from him, I am inclined to allow his prayer for bail. I am of the view that Section-37 of the NDPS Act will not operate as a bar for allowing his prayer for bail. 10. Liberty is granted to Sk. Taisim @ Kunal @ Kuno to move the learned Court below for bail afresh in case there is delay in completion of the trial. 11. The petitioner Anil Kumar Biswal shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, after verifying Page 5 of 6 that he has no criminal antecedents, including the following conditions: (i) He will not indulge in any criminal activity while on bail. (ii) He will not tamper or try to influence prosecution witnesses while on bail. (iii) He will report before the IIC, Khurda Police Station, once a week preferably on a Sunday, till conclusion of trial or for a period of six months whichever is earlier. (iv) He will appear on each date in Court, the case is fixed for trial. 12. Violation of any condition will entail in cancellation of bail. 13. The BLAPL is No. 1923 of 2024 is allowed, while BLAPL No.1653 of 2024 and BLAPL No.2363 of 2024 are dismissed. 14. Urgent certified copy of this order be granted on proper application. 15. Copy of this order be supplied to Ms. S, Mishra, learned Addl. Standing Counsel for onward transmission to the IIC, Khurda Police Station, to enable him to take steps for recall of this order in case of violation of any condition. (Savitri Ratho) Judge Subhalaxmi Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-May-2024 20:07:17 Page 6 of 6