Basudev Bairagi @ Basudeb v. State of Odisha
Case at a glance
- Bench
- V NARASINGH
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 20(b)(ii)(c), 37(1)(b)(ii)
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 1515. Registry is requested to communicate this order. Accordingly, the BLAPL stands disposed of. (V. NARASINGH) Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-Dec-2023 13:12:35 Santoshi Judge
Judgment
Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH Order No.
Heard learned counsel for the Petitioner and learned counsel for ORDER 29.11.2023 the State.
The Petitioner is an accused in connection with T.R. Case No.79 of 2022 pending on the file of learned Additional Sessions Judge- cum-Special Judge, Koraput, arising out of Machhakund P.S. Case No.86 of 2022 for commission of offence alleged under Sections 20(b)(ii)(c) of the NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. S.J.-cum-Spl. Judge, Koraput by order dated 01.07.2023 in the aforementioned case, the present BLAPL has been filed.
It submitted by the learned counsel that the Petitioner is in custody since 02.08.2022 on the allegation of being involved in the transportation of contraband (ganja) to the tune of 212 kg 800 grams.
It is further submitted that since charge sheet has already been filed in the meanwhile and as the Petitioner is the first offender, he may be released on bail.
To fortify his submission, learned counsel for the Petitioner relies on the statement of C.W.10 who is stated to be an independent witness.
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 also in view of the role ascribed to the present Petitioner.
This Court perused the statement of C.W.10 which was placed by the learned counsel for the Petitioner.
On a close scrutiny of the said statement, this Court is not persuaded to hold that there is no prima facie material to hold that the present Petitioner is not involved in the transportation of contraband and that he had no knowledge about the contraband.
Taking into account the rigors of Section 37(1)(b)(ii) of the NDPS Act, this Court is not inclined to entertain this bail application at this stage.
Leave is granted to the Petitioner to renew his prayer before the learned Court in seisin at a later stage.
It is needless to state that the observations made herein are for the purpose of consideration of the bail application only. And, the complicity of the Petitioner has to be adjudicated on the basis of the materials on record independently in the impending trial.
Since the Petitioner is stated to be in custody from 02.08.2022, learned Court in seisin is requested to expedite the trial more so in view of the fact that the Petitioner is the first offender.
Registry is requested to communicate this order. Accordingly, the BLAPL stands disposed of. (V. NARASINGH) Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-Dec-2023 13:12:35 Santoshi Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.