The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Ajit Seth (In BLAPL No.8480 of 2024) Nila Tandi (In BLAPL No.9046 of 2024) Sukanta Suna @ Tinkodo Suna @ Tinkodo Nag (In BLAPL No.10400 of 2024) Dinesh Rao (In BLAPL No.12131 of 2024) Rajib Meher (In BLAPL No.1834 of 2025) Afroja Banu Khan @ Pinky & Another (In BLAPL No.2065 of 2025) … Petitioners Mr. J. Sahu, Advocate (in BLAPL No.8480 of 2024) Mr. G. Sahu, Advocate (in BLAPL No.9046 of 2024) None (In BLAPL No.10400 of 2024) Mr. A. Tripathy, Advocate (In BLAPL No.12131 of 2024 and 1834 & 2065 of 2025) -versus- State of Odisha … Opposite Party
Legal Reasoning
Mr. A. Pradhan, Addl. PP Order No. 06. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 04.04.2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these six bail applications arise out of one and same case record, the same are taken up together Page 1 of 5
Decision
and disposed of by this common order with the consent of the learned counsel appearing for the parties. 3. These six bail applications are U/S.483 of BNSS Act by the petitioners for grant of bail in connection with Padampur PS Case No.236 of 2024 arising out of GR Case No.49 of 2024 pending in the Court of learned Addl. Sessions Judge, Padampur, for commission of offences punishable U/S. 21(C)/25/29 of NDPS Act, on the main allegation of possessing 480 numbers of 100 ml. bottles of WINCEREX Cough Syrup containing total 960 Grams of Codeine Phosphate and doing Contraband business with co-accused persons. 4. Heard, Mr. Amitav Tripathy, learned counsel for the petitioner in BLAPL Nos.12131 of 2024 and 1834 & 2065 of 2025, Mr. Gokula Nanda Sahu, learned counsel for the Petitioner in BLAPL No.9046 of 2024, Mr. Jagabandhu Sahu, learned counsel for the Petitioner in BLAPL No.8480 of 2024 and Mr. A. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. Further, Mr. Byomokesh Sahoo, learned counsel for the Petitioner in BLAPL No.10400 of 2024 informs the Court that the brief has already been transferred, but since three counsels appearing for the Petitioners are heard simultaneously, this Court considers it proper to take up all the six bail applications, even in absence of any counsel for the Petitioner in BLAPL No.10400 of 2024. Page 2 of 5 5. It is brought to the notice of the Court that there is an allegation of seizure of 480 numbers of 100ml. bottles of WINCEREX Cough Syrup from the possession of Rajib Meher, Ajit Seth, Nila Tandi and Akash Meher (Juvenile), but no criminal antecedent has been reported against the Petitioners Ajit Seth, Nila Tandi and Rajib Meher. Further co-accused Dinesh Rao, Afroja Banu Khan @ Pinky and Sukanta Suna @ Tinkodo Suna @ Tinkodo Nag were neither apprehended from the spot nor was any Contraband articles recovered from them. Admittedly, all the petitioners are in custody since 24.07.2024, but co- accused Md. Asiph @ Md. Asif and Md. Sahil have already been granted bail by a Co-ordinate bench of this Court in BLAPL No.10510 of 2024 and BLAPL No.8514 of 2024. True it is, since the Petitioners are implicated in this case for commission of offence under Section 21(C) of the NDPS Act, the provisions of Section 37 of NDPS Act may ordinarily be attracted for grant of bail to the Petitioners, but in the peculiar facts and circumstance of the case, since co-accused Sukanta Suna @ Tinkodo Suna @ Tinkodo Nag, Dinesh Rao, and Afroja Banu Khan @ Pinky were not apprehended from the spot with any contraband articles with release of co-accused Md. Asiph @ Md. Asif, Md. Sahil, Tanmaya Nag, Chandan Saraf and Banti @ Pratap Pradhan, the conditions of Section 37 of the NDPS Act may be dispensed with at this stage for the Petitioners. Page 3 of 5 6. For this reasons stated hereinabove, and taking into account release of five co-accused persons on bail and taking into account pre-trial detention of the petitioners in custody since 24.07.2024, this Court without expressing any view on merits, admits the each of the petitioners to bail. 7. Hence, the bail application of the petitioners namely Ajit Seth in BLAPL No.8480 of 2024, Nila Tandi in BLAPL No. 9046 of 2024, Dinesh Rao in BLAPL No. 12131 of 2024, Rajib Meher in BLAPL No.1834 of 2025, Afroja Banu Khan @ Pinky & Lucky Khan @ Seikh Niyaz Ahemed in BLAPL No.2065 of 2025 and Sukanta Suna @ Tinkodo Suna @ Tinkodo Nag in BLAPL No. 10400 of 2024 stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One lakhs) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioners shall not commit any offence while on bail, ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without their attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for fail unless Page 4 of 5 in the shall petitioners offence U/S.269 of BNS,2023 accordance with law and, (iii) report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case. 8. 9. Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Signature Not Verified Digitally Signed Jayakrushna Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Apr-2025 17:55:04 Judge Page 5 of 5