JUSTICE v. NARASINGH ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3327 of 2024 Daitari Sisa …. Petitioner Mr. N.R. Sahoo, Advocate -versus- State of Orissa …. Opposite Party Mr. P.K. Mohanty, A.S.C. CORAM: JUSTICE V. NARASINGH ORDER 23.07.2024 Order No. 03. 1. Heard learned counsel for the Petitioner and
Legal Reasoning
23.02.2024 by this Court in BLAPL No.13580 of 2023. Hence, on the ground of parity the Petitioner seeks release. 8. 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 and submits that in view of the quantity of contraband seized and since charge sheet has been filed against the Petitioner that prima facie establishes the complicity and he ought not to be released on bail. In this Context he relies on the Page 2 of 6 judgment in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024. 9. It is further submitted by the learned counsel for the State that the Petitioner has one criminal antecedent of similar nature in as much as he has been cited as an accused in Baipariguda P.S. Case No.116 of 2019. 10. With reference to such criminal antecedent, it is stated by the learned counsel for the Petitioner that he has since been released on bail in the said case by order dated 08.02.2021 by this Court in BLAPL No.3212 of 2020. 11. It is further stated by the learned counsel that taking into account the nature of allegation as such conscious and exclusive possession of the contraband cannot be attributed to him and in this context he draws the attention of this Court to “para-9” of the order of the co-accused(Anda Madhi) since released. For convenience of ready reference the same is extracted hereunder: “xxx xxx xxx 9. In this context learned counsel for the Petitioner draws the attention of this Court “para-16” of the charge sheet. Which is reads thus as under: 16. Brief Facts of the case is that: The investigation of the case disclosed that for the easy money the accused Daitari Sisa and Rabi of Page 3 of 6 village Dangakunda PS- Orkel procured Ganja from interior of Chitrakunda area. On 13.07.2023 accused Daitari Sisa and Rabi and an unknown accused (Friends of Rabi) brought the said Ganja by two motor cycle and dumped the same near Dhangadabhata Mango groves (Spot) to deliver the same to accused Anda Madhi of village Tongpali. Basing on reliable information police team conducted raid and seized the contraband Ganja and motor cycle from the spot observing all formalities of NDPS Act. During investigation the real identity and where about of accused Rabi and his fried (sic: friend) could not be established so far. The investigation of the case is completed and ample evidence U/s- 20(b)(ii)(c)/29 of NDPS Act well made out against accused Daitari Sisa (24 Years) S/o- Harichand Sisa of village Dongakunda PS-Orkel Dist-Malkangiri and accused Anda Madhi(32 Years) S/o-Late Chitu Madhi of village Tongpali GP-Udupa PS/Dist- Malkangiri. On receipt of the order, I submitted FF Vide FF No- 696 Date 31.10.2023 to face their trial in the court of law. xxx xxx xxx 12. To test the veracity of the submission of the learned counsel that the Petitioner is also entitled to be released on bail since there is no progress in trial, a report was called for from the learned Court in seisin. The said report reads as under: Page 4 of 6 xxx xxx xxx With reference to the subject & letter cited above, I am humbly submitting herewith the status report in Special G.R. case No.112 of 2022 arising out of Malkangiri P.S. case No.392 of 2022 that on 14.07.2022 FIR vide Malkangiri P.S. case No.392, dated 13.07.2022 U/s 20(b)(ii)(C)/25/29 of NDPS Act has been received against the un-known accused persons. On 12.06.2023 accused persons namely Daitari Sisa (24), S/o- Harichand Sisa, Vill. Dongakunda, PS- Orkel, Dist.-Malkangiri and Anda Madhi (32), S/o- Late Chitu Madhi, Vill. Tongpali, GP- Udupa, PS/Dist. Malkangiri have been forwarded to the Special Judge, Malkangiri. On 31.10.2023 charge sheet vide C.S. No.696, dated 31.10.2023 against the accused persons namely Daitari Sisa and Anda Madhi U/s 20(b)(ii)(C)/25/29 of NDPS Act 1985 has been submitted by the L.O. and on 02.11.2023 cognizance of offence U/s 20(b)(ii)(C)/25/29 of NDPS Act 1985 was taken against the accused persons namely Daitari Sisa and Anda Madhi by the Special Judge, Malkangiri. On 07.11.2023 charge U/s 20(b)(ii)(C)/25/29 of NDPS Act 1985 was framed against the said accused persons by the Special Judge. On 16.05.2024 the Sessions Judge-cum- Special Judge, Malkangiri transferred this case to the Court of Additional Sessions Judge-cum-Special Judge, Malkangiri for disposal according to law and on 28.05.2024 the case is received by Additional Sessions Judge-cum-Special Judge Malkangiri from Page 5 of 6 Court of Sessions Judge-cum-Special Judge vide letter No.3439/2024, dated 16/27.05.2024. Out of 16 C.S. witnesses, none has been examined till yet. Now the case stands posted on 25.07.2024 for hearing. xxx xxx xxx 13. Taking into account the manner of implication, release of the co-accused and the snail’s pace at which the trial has progressed, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin. 14. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once a month on such date and time to be fixed by the learned Court in seisin till the conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. 15.
Arguments
learned counsel for the State. 2. The Petitioner is an accused in connection with Spl. G.R. Case No.112 of 2022 pending on the file of learned Sessions Judge-cum-Special Jude, Malkangiri, arising out of Malkangiri P.S. Case No.392 of 2022for commission of offence alleged under Sections-20(b)(ii)(C)/25 & 29 of the NDPS Act. 3. 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. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Spl. Judge, Malkangiri by order Page 1 of 6 dated 29.02.2024 in the aforementioned case, the present BLAPL has been filed. 5. This is the third journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by order dated 24.07.2023 in BLAPL No.7553 of 2023 since the bail application was during the currency of investigation. Thereafter, the Petitioner moved this Court in BLAPL No.13018 of 2023 which was rejected by order dated 18.01.2024. 6. It is submitted by the learned counsel that he Petitioner is in custody since 12.06.2023 on the accusation that he along with other co-accused are involved in the transportation of contraband to the tune of 100 kgs (Ganja). 7. Learned counsel for the Petitioner further submits that one of the co-accused (Anda Madhi) has since been released on bail by order dated
Decision
Accordingly, the BLAPL stands disposed of. 16. Urgent certified copy of this order be granted as per the rules. (V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 24-Jul-2024 14:13:58 Page 6 of 6