Sadasib Pattanaik State of Odisha v. Mr.Sakti Prasad Das, Advocate Opp. Party Mr.S.S.Mohapatra, ASC Order No

ORDER 31.08.2024 (Through hybrid mode)

This is the 3rd application of the petitioner under Section 439 of Cr.P.C. in connection with E.I. & E.B. Excise Station Unit-1 Cuttack P.R. Case No.138/2023-24 corresponding to T.R. Case No.313 of 2023, pending in the Court of the learned 3rd Addl. Sessions Judge, Bhubaneswar under Section 21 (b) of the NDPS Act where the petitioner is facing trial for commission of offence under Section 21 (b) of the NDPS Act.

The first bail application, i.e., BLAPL No.10591 of 2023 had been withdrawn on 04.10.2023 by the petitioner in order to move the learned trial Court for bail after framing of charge.

The second bail application, i.e., BLAPL No.12784 of 2023 had been dismissed on 07.03.2024 as it was found that the petitioner had a similar criminal antecedent of the year 2022. But while dismissing the bail application, the learned trial court had been requested to complete the trial within a period of three months, if not already completed.

The petitioner has filed this bail application as his prayer for bail has been rejected on 20.06.2024 by the learned 3rd Addl. Sessions Judge, Bhubaneswar. It is therefore apparent that the trial is still pending.

The prosecution allegation in brief is that on 05.06.2021 at about 8.30 a.m. while the informant alongwith his team was performing patrolling duty at Harirajpur Chhak, Jatni, they received credible information from a reliable source regarding illegal transaction of Heroin by the petitioner. On arrival at the spot, they found the petitioner sitting in a blue colour Bajaj Pulsar motorcycle bearing Registration No.OD-33-J-9226 at the left side of the road. On search, one transparent jari bag containing 224 grams of heroin was recovered from the right side pant pocket of the petitioner. As the petitioner was unable to produce any authority or license for the same, the heroin was seized and the petitioner was arrested.

Mr.S.P.Das, learned counsel for the petitioner submits that the petitioner is custody since 05.06.2023 and in spite of the request of this Court while disposing of BLAPL No.12784 of 2023 for completion of trial within a period of three months, the trial is still pending. He further submits that the petitioner has one antecedent of similar nature, i.e., under Section 21 (b) of the NDPS Act in T.R. No.396 of 2022 arising out of P.R. No.272 of 2022-23 and the case is pending in the Court of the learned 3rd Addl. Sessions Judge, Bhubaneswar. He also submits that in view of the quantity of heroin alleged to have been recovered in the case and the earlier case, Section 37 of the NDPS Act will not be a bar for considering his prayer for bail.

Mr.S.S.Mohapatra, learned Addl. Standing Counsel opposes the prayer for bail stating that in view of antecedent of the petitioner, the petitioner is likely to commit similar offence if he is released on bail. He further submits that since one witness has already been examined in the trial, direction may be issued for expeditious disposal of the trial instead of releasing the petitioner on bail.

Perused the report dated 28.08.2024 of the learned 3rd Addl. District and Sessions Judge-cum-Addl. Special Judge, Vigilance, Bhubaneswar where it has been stated that charge has been framed against the petitioner on 23.09.2023 and out of three chargesheeted witnesses, one witness has been examined, cross-examined and discharged and summons have been issued to other witness for their cross-examination on 09.09.2024. It has also been stated that since he assumed office on 05.07.2024, so two more months time may be granted for conclusion of trial in the case.

While disposing of the earlier bail application - BLAPL No.12784 of 2023 on 07.03.2024, a report had been called for from the learned Court below and it had been reported therein that one witness has been examined and the case has been posted to

04.01.2024 for examination of other witnesses. From the latest report dated 28.08.2024, it is apparent that no witness has been examined between January, 2024 and August, 2024.

After hearing the learned counsel and considering the quantity of heroin seized, the period of detention of the petitioner in custody, examination of only one witness before January, 2024 and non- applicability of Section-37 of the NDPS Act, I am inclined to allow the prayer for bail, subject to verification of his criminal antecedents.

The petitioner- Sadasib Pattanaik shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter after verifying that he has no antecedents under the NDPS Act, including the following conditions: (i) He shall not commit any offence while on bail. (ii) He shall not try to influence the witnesses or tamper with evidence while on bail. (iii) He shall appear personally in the trial Court on each date fixed for trial unless his appearance is dispensed with by the learned trial Court for any compelling reason under Section-317 Crl.P.C. Violation of any condition will entail cancellation of bail/recall of this order.

The BLAPL is accordingly disposed of.

A Copy of this order be supplied to Mr.S.S.Mohapatra, learned Addl. Standing Counsle for onwarad transmission to the Inspector of E.I. & E.B. Excise Station Unit-1 Cuttack. Bichi (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 31-Aug-2024 18:41:25