JUSTICE v. NARASINGH Date of hearing and judgment
Case Details
1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6864 of 2023 Chhagan Bapu Shinde @ Chhagan Bapu Shinde …. Petitioner State of Odisha -versus- …. Opposite Party For Petitioner : Mr. S. Manohar, Advocate For Opposite Party : Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH Date of hearing and judgment :23.08.2023 V. Narasingh, J. 1. Heard learned counsel for the Petitioner Mr. S. Manohar through virtual mode and Mr. Gaya, learned Additional Standing Counsel for the State. 2. The Petitioner is an accused in connection with Special G.R Case No.143 of 2022 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrakonda P.S. Case No.118 of 2022 for commission of the alleged offence under Sections 20(b)(ii)(C) of the NDPS Act. The allegation is of possession of contraband
Legal Reasoning
(ganja) to the tune of 104 kg 500 grams. 3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special BLAPL No.6864 of 2023 Page 1 of 12 Judge, Malkangiri by order dated 14.03.2023 in the aforementioned case, the present bail application has been filed. 4. It is submitted by the learned counsel that the petitioner is in custody since 15.09.2022 and charge sheet has already been filed on 09.03.2023. 5. Learned counsel for the petitioner brings to the notice of this Court that two of the co-accused have since been released on bail by this Court by order dated 25.04.2023 in BLAPL No.4001 of 2023 (Dhanraj Papulu) and by order of this day i.e. 23.08.2023 in BLAPL No.3894 of 2023 (Sibamani Sankam). 6. Hence, relying on the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in 2022 (10) SCC 51, inter alia on the ground of parity, the petitioner seeks release. 7. Learned counsel for the petitioner, Mr. Manohar has further alleged non-compliance of Section 50 and 42 of the NDPS Act. Relating to the alleged non-compliance of Section 50 of the NDPS Act and his right to be enlarged on bail, the petitioner relies on the following judgments; (a) Vijay Singh Chandubha Jadeja vs. State of Gujrat [2010 SCC Online SC 1248], in which the following decisions were stated to have been relied upon; (i) Ashok Kumar Sharma vs. State of Rajasthan [(2013) 2 SCC 67] (ii) Narcotics Central Bureau vs. Sukh Dev Raj Sodhi [(2011) 6 SCC 392] BLAPL No.6864 of 2023 Page 2 of 12 (b) K. Mohanan vs. State of Kerala [(2000) 10 SCC 222] (c) Beckodan Abdul Rahiman vs. State of Kerala [(2002) 4 SCC 229]