JUSTICE v. NARASINGH ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 14134 of 2023 Kalakhandi @ Md. Sekhawat …. Petitioner Mr. D.P. Nanda, Sr. Advocate -versus- State of Odisha …. Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH
Decision
ORDER 02.02.2024 03. Order No. 1. Heard learned senior counsel Mr. Nanda assisted by Mr. Kanungo, learned counsel for the Petitioner and learned counsel for the State Mr. Gaya(ASC). 2. The Petitioner is an accused in connection with T.R. Case No.46 of 2022 pending on the file of learned 1st Addl. Sessions Judge-Cum-Special Judge, arising out of S.T.F P.S. No.11 of 2022 for commission of offence alleged under Sections-21(c)/29 of NDPS Act. 3. Learned senior counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Spl. Judge under NDPS Act, Khurda, by order dated 02.12.2023 in the aforementioned case, the present BLAPL has been filed. Page 1 of 5 5. The allegation against the present Petitioner is that he was cited as an accused for transporting contraband (brown sugar) to the tune of 1kg 042 grams. 6. It is submitted by the learned counsel that the Petitioner is in custody since 08.09.2022 and charge sheet has already been filed on 05.11.2022. 7. This is the fourth journey of the Petitioner to this Court. (i) Earlier this Court did not entertain BLAPL No. 9204 of 2022 of the Petitioner vide order dated 02.11.2022 during the currency of investigation. (ii) Thereafter the Petitioner moved this Court in BLAPL No.11876 of 2022, which was allowed by order dated 12.10.2023 taking into account that admittedly the basis of implication is on account of co- accused statement and referring to the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2020) 80 OCR (SC) 641 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC) 622 while taking note of the four criminal antecedents of the Petitioner. It was further directed that the learned Court in seisin before releasing shall verify the veracity thereof. 8. While considering the release of the Petitioner, it came to the fore that additionally the Petitioner was cited as an accused in STF P.S. Case No.13 of 2023, under Section-21(c)/29 of NDPS Act. In view of the earlier direction of this Court, learned Court in seisin rejected the bail application. Page 2 of 5 9. Petitioner’s bail application assailing such order rejected by this Court by order dated 15.11.2023 in BLAPL No.12606 of 2023. 10. On instruction, it is submitted by the learned senior counsel Mr. Nanda that so far as the implication of the Petitioner in STF P.S. Case No.13 of 2023, which weighed with this Court in rejecting the bail application by order dated 15.11.2023 in BLAPL No.12606 of 2023 is concerned, charge sheet has already been filed in the said case. The same is on record at flag-D. 10A. Referring to the recitals in the charge sheet, it is submitted that the Petitioner has not been charge sheeted in the said case and the attention of this Court is drawn to the relevant recitals of charge sheet, which run thus: “xxx xxx xxx During interrogation the accused confessed that he used to carry on the brown sugar business in locality after procuring the same Brown sugar dealed of Khordha but did not disclosed the name and address of the person from whom he procured the brown sugar for selling the same for a brown sugar customer. He also confessed that during interrogation by DSP Rashmi Ranjan Pattnaik in fear he disclosed that he procured the brown sugar from Kalakhandi @ Md.Sekhawat of Deulatangi, Kaipadar P.S. Sadar Dist- Khordha but Kalakhandi is in Jail custody since the year 2022. During verification it came to ascertained that Kalakhandi was arrested and forwarded to the court by Sadar P.S Khordha in Sadar P.S. Case No. 16 dt 26.08.2022 u/s 341 /294/323/387/395/34 IPC. On 05.09.2022 on the prayer of IO DSP Efrem Kiro of STF Hon’ble court 1ST Addl Sessions Judge Khordha remanded Kalakhandi @Md Sekhawat of Deulatangi Kaipadar P.S- Sadar, Dist- Khordha in STF Case no. 11 dt 12.05.2022 u/s 21 (c)/29 NDPS Act Since then he was in judicial custody. He was in the jail custody during the day of occurance He has been falsely inculpated by Suresh Kumar Mohapatra. The Kalakhandi has not handed over the Page 3 of 5 contraband to Suresh Kumar Mohapatra. His involvement in this case could not be established.” xxx xxx xxx 10B. And ultimately it has been mentioned thus: “xxx xxx xxx Submitted D.L.R to S.P,STF Bhubaneswar with a prayer to pass order to submit C.S u/s 21(c) NDPS Act against the accused Suresh Kumar Mohapatra @ Suria, 33 Years S/o. Maheswar Mohapatra of village Podadiha PS. Baghamari Dist. Khordha and to delete the F.I.R. named accused person Kalakhandi Md. Sekhawat of Deulatangi, Kaipadar P.S- Sadar Dist. Khordha.” xxx xxx xxx 11. Learned counsel for the State opposes the prayer for bail in view of other criminal antecedent citing the rigors of Section- 37(1)(b)(ii) of the NDPS Act, more particularly second limb thereof. 12. Since the basis of implication admittedly is on account of co-accused statement and in the case of similar nature which was taken into account in rejecting the Petitioner’s bail application, the Petitioner has not been cited as accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin. 13. Before releasing learned Court in seisin is requested to verify the veracity of the submission of the learned senior counsel that the Petitioner has not been cited as an accused in the final form submitted in STF P.S. Case No.13 of 2023. 13A. If such submission is found to be incorrect, this order shall not be given effect to. The same shall be intimated to this Court to consider initiating necessary action against the Petitioner for misleading the Court. Page 4 of 5 14. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every month on such date and time to be fixed by the learned Court in seisin till the conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. 15. 16. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Soumya Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 02-Feb-2024 20:03:48 Page 5 of 5