JUSTICE v. NARASINGH Order No
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 12747 of 2022 Jaspal Singh & Another …. Petitioners Mr. P.P. Parida, Advocate Mr. S. Mohanty, Advocate Union of India (NCB) -versus- …. Opposite Party
Legal Reasoning
Mr. G. Mohanty, Senior Panel Counsel (NCB) CORAM: JUSTICE V. NARASINGH Order No. 04. 1. Heard learned counsel for the Petitioners and learned
Decision
ORDER 21.03.2024 counsel for the Union of India (NCB). 2. The Petitioners are accused in connection with T.R. Case No.175 of 2022 pending on the file of the learned Court of Special Judge, CBI-I, Bhubaneswar, arising out of NCB Crime No. 02/NCB/BBSR/2022 for commission of offence alleged under Sections-8(C) r/w U/s-20(b)(ii)(c)/25/28/29 of the NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Spl. Judge CBI-I-cum-ASJ, BBSR, by order dated 30.11.2022 in the aforementioned case, the present BLAPL has been filed. 5. Earlier the bail application of the Petitioners was not entertained in terms of the order dated 19.10.2022 in BLAPL Page 1 of 4 No.9570 of 2022 since the same was during the currency of investigation. 6. It is submitted by Mr. P.P. Parida, learned counsel for the Petitioner No.1 and Mr. S. Mohanty, learned counsel for the Petitioner No.2 that in the meanwhile investigation has already been concluded and the NCB has already been filed the complaint Petition on 28.10.2022 before the learned Court in seisin, hence further continuance of the Petitioners in custody is unwarranted in view of their long incarceration. 7. Learned counsels for the Petitioners also rely on the judgment of the Apex Court in the case of Rabi Prakash vrs. State of Odisha, 2023 SCC Online SC 1109 to fortify their submission. 8. Per contra, learned counsel for the NCB submits that keeping in view the rigors of Section 37(1)(b)(ii) of NDPS Act and the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu arising out of SLP(Crl.) No(s).8137 of 2022 filing of the complaint petition, prima facie indicates that the Petitioners are guilty and keeping in view the first limb of Section 37(1)(b)(ii) of NDPS Act itself, the Petitioners are not entitled to be released on bail. 9. It is further submitted by the learned counsel for the NCB that Petitioners are flight risk and the Petitioner No.1 has one criminal antecedent of similar nature. 10. It is the case of the Prosecution that the Petitioner No.1 (Jaspal Singh) was the driving the vehicle from which the contraband to the tune of 506Kgs (Ganja) was seized and the Petitioner No.2 (Jashnoor Singh) was the helper of the vehicle. 11. Taking into account that the Petitioners are in custody from 06.05.2022, a report was called for from the learned Court in seisin. The report reads as under:- Page 2 of 4 xxx xxx xxx “With reference to the subject & letter cited above, I am to report that this is a case U/s.20(b)(ii)(C) and 25,28,29,35, 54 & 8(c) of N.D.P.S Act, instituted on 06.05.2022. The accused Jaspal Singh along with the co- accused persons were arrested and forwarded to this court on 06.05.2022. The I.O has submitted charge-sheet on 29.10.2022 and cognizance of the offences U/s.20(b)(ii)(C) and 25,28,29,35, 54 & 8(c) of N.D.P.S Act was taken on the same day by the Sessions Judge, Khurda at Bhubaneswar. Thereafter, the copies of P.P was supplied to the accused persons and charge was framed against the accused persons on 20.02.2023 and the case was posted for trial. Thereafter, the case record was received on transfer by this court, from the court of Special Judge (CBI), Bhubaneswar on 18.10.2023. With regard to the stage of trial, my humble submission is that none of the witnesses could be examined till date, due to non-attendance of the witnesses in the court for deposing evidence, despite the fact that summons have been issued to the witnesses on many occasions. In the meantime, the P.O was relieved from this office on 11.12.2023, due to her transfer. Thereafter, no regular P.O has joined in this Office till date. As such, I am to request you that the matter may kindly be placed before the Hon'ble Court, as desired, for kind consideration.” 12. Keeping in view of the criminal antecedent of similar nature of Petitioner No.1 (Jaspal Singh) and role ascribed to him, this Court is not inclined to exercise its discretion in favour of the Petitioner No.1 (Jaspal Singh). The bail application in respect of the Petitioner No.1 (Jaspal Singh) stands rejected. 13. Considering that the trial has not commenced in respect of the Petitioners being in custody for almost 2 years, keeping in view the dictum of the Apex Court in the case of Hussainara Khatoon & others vrs. State of Bihar, (1980) 1 SCC 81 and reiterated by Page 3 of 4 the Apex Court in the case of Rabi Prakash vrs. State of Odisha, 2023 SCC Online SC 1109 and in the case of Mohd. Muslim alias Hussain vs. State (NCT of Delhi) reported in AIR 2023 SC 1648, and taking into account that the Petitioner No.2 (Jashnoor Singh) is aged about 21 years and has no criminal antecedent as stated, this Court directs Petitioner No.2 (Jashnoor Singh) to be released on bail on such terms to be fixed by the learned Court in seisin. 14. Before releasing Petitioner No.2 (Jashnoor Singh), learned Court in seisin is requested to verify criminal antecedent from his parent police station i.e. from P.S.-Samana, Dist-Patiala, Punjab. If it comes to the fore that the Petitioner No.2 (Jashnoor Singh) has any criminal antecedent, this order shall not be given effect to. 15. Additionally, it is directed that the Petitioner No.2 (Jashnoor Singh) shall appear before the NCB, Bhubaneswar once every two month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin. 16. It is further directed that the Petitioner No.2 (Jashnoor Singh) shall not leave the Country without the express permission of the learned Court in seisin and if he has any passport he shall surrender the same. And, if he has no passport, affidavit to the said effect shall be submitted before the learned Court in seisin. 17. 18. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Mar-2024 19:31:00 Judge Page 4 of 4