Narasing Tarei vs State Of Odisha .... Opposite Party on 1 August, 2024

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Orissa High Court

Narasing Tarei vs State Of Odisha .... Opposite Party on 1 August, 2024

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  BLAPL No.5189 of 2024

             Narasing Tarei                     ....                    Petitioner
                                                     Mr. D.P. Mishra, Advocate

                                          -versus-

             State of Odisha                    ....              Opposite Party
                                                        Mr. P.K. Maharaj, ASC

                               CORAM: JUSTICE V. NARASINGH

                                      ORDER

01.08.2024 Order No.

03. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with T.R. Case No.43 of 2024 pending on the file of learned Sessions Judge, Sambalpur, arising out of Sadar P.S. Case No.78 of 2024 for commission of offence alleged under Sections 21(C)/29 of the NDPS Act.

3. Learned 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 Sessions Judge-cum-Judge (Special Court), Sambalpur by order dated 19.04.2024 in the Page 1 of 3 aforementioned case, the present BLAPL has been filed.

5. It is submitted by the learned counsel that the Petitioner is in custody since 25.03.2024 on the accusation of possessing 10,800 bottles of WINCEREX Cough Syrup bottles (each Jari packet containing 240 bottles of WINCEREX Cough Syrup) having 100 ml each containing Codeine Phosphate is 2.160 kgs.

6. It is the further submission of learned counsel that the implication of the Petitioner is on account of co-accused statement.

7. It is stated that the Petitioner has two criminal antecedents i.e. Bargarh Town P.S. Case No.491 of 2018 and Bargarh Town P.S. Case No.586 of 2023.

8. It is further stated that taking into account the substantial progress in investigation and the release of the co-accused by this Court by order dated 28.05.2024 in BLAPL Nos.5154 of 2024, 5172 of 2024 and by order dated 28.06.2024 in BLAPL No.6253 of 2024 and order dated 10.07.2024 in BLAPL Nos.3987 & 4178 of 2024 respectively, the Petitioner may be released on bail.

9. 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 since Codeine Phosphate is more than the commercial quantity.

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10. Taking into account the manner of accusation and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

11. Before releasing, learned Court in seisin is requested to verify as to whether the Petitioner has any criminal antecedents than Bargarh Town P.S. Case No.491 of 2018 and Bargarh Town P.S. Case No.586 of 2023. If it comes to fore that the Petitioner has any criminal antecedents than Bargarh Town P.S. Case No.491 of 2018 and Bargarh Town P.S. Case No.586 of 2023, this order shall not be given effect to.

12. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

13. Accordingly, the BLAPL stands disposed of.

14. Urgent certified copy of this order be granted as per rules.

Signature Not Verified (V. Narasingh) Digitally Signed

Judge Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-Aug-2024 13:46:19 PKS Page 3 of 3

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