Orissa High Court
A.Eswaran & Another vs State Of Odisha .... Opposite Party on 11 October, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7577 of 2023
A.Eswaran & Another .... Petitioners
Mr. D.R. Bhokta, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
BLAPL No. 7568 of 2023
R. Goutam .... Petitioner
Mr. A.K. Mohanty, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
BLAPL No. 7967 of 2023
Balia Mohanty .... Petitioner
Mr. P.K. Mishra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
BLAPL No. 7700 of 2023
Sushanta Kumar Sunasagada .... Petitioner
Mr. J.K. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
Page 1 of 5
CORAM: JUSTICE V. NARASINGH
ORDER
11.10.2023 Order No.
06. 1. Since all the four BLAPLs relate to the same P.S. Case (Padmapur P.S. Case No.144 of 2022), they are heard together and disposed of by this common order, on the consent of the parties.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners are accused in connection with T.R. Case No.150 of 2022 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Gunupur, Arising out of Padmapur P.S. Case No.144 of 2022 for alleged commission of offences under Sections 20(b)(ii)(C)/29 of NDPS Act.
4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum- Special Judge, Gunupur, by order dated 29.06.2023 & 03.07.2023 in the aforementioned cases respectively, the present BLAPLs have been filed.
5. It is submitted by the learned counsel that the Petitioners have been taken into custody on 22.12.2022 on the allegation of possession of contraband to the tune of 140Kgs (Ganja).
6. It is stated by the learned counsel that since charge sheet has been filed on 16.06.2023 and as the Petitioners are the first offenders, their further continuance in custody is unwarranted.
7. It is borne out from the case record that the Petitioners in BLAPL No.7577 of 2023 were travelling in the Renault car from which admittedly there has been no seizure.
Page 2 of 58. So far as the Petitioners in BLAPL No.7568 of 2023 is concerned, the Petitioners are the driver and occupants of the Ashok Leyland truck from which there has been seizure of 110Kgs of contraband and the Petitioner in BLAPL No.7967 of 2023 was occupant of the Indigo car from which contraband to the tune of 30Kgs was seized and the Petitioner in BLAPL No.7700 of 2023 is the owner cum driver of the Indigo car.
9. It is the case of the learned counsel for the Petitioners that though there has been independent seizure but the same has been clubbed together to arrive at the figure of 140Kgs.
10. On the basis of materials on record, learned counsel for the Petitioners submit that conscious and exclusive possession of the contraband seized from the Truck to the tune of 110Kgs cannot be attributed to other Petitioners.
11. Such submission is refuted by the learned counsel for the State basing on the materials on record inter alia on the ground that all the vehicles were moving in tandem. Hence, the defence plea of false implication does not stand to reason and also in view of the bar contained under Section 37(1) of NDPS Act, the bail applications do not merit consideration.
12. Learned counsel for the State submits that the segregation as being made by the learned counsel for the Petitioners cannot be taken into account at this stage, pending trial.
13. Learned counsel for the State brings to the notice of this Court that the Petitioners in BLAPL Nos.7577 & 7568 of 2023 are a flight risk.
14. It is the further submission of the learned counsel for the State that even if the submission of the learned counsel for the Petitioners in BLAPL Nos.7967 & 7700 of 2023 is taken into Page 3 of 5 account, since the contraband seized is more than the commercial quantity, it is also hit by Section 37(1) of the NPDS Act.
15. On a conspectus of materials on record, this Court is not inclined to entertain the bail application of Petitioners (R.Goutam, S. Sankar & D.Selvumurugan) in BLAPL No.7568 of 2023 since the contraband seized is to the tune of 110Kgs. Accordingly, the bail application of the Petitioners in BLAPL No.7568 of 2023 stands rejected.
16. Leave is granted to the Petitioners (R.Goutam, S. Sankar & D.Selvumurugan) in BLAPL No.7568 of 2023 to renew their prayer before the learned Court in seisin at a later stage.
17. Taking into account that there has been no seizure from the Renault vehicle which relates to BLAPL No.7577 of 2023 and the contraband seized i.e. 30Kgs from the Indigo car, this Court directs the Petitioners (A.Eswaran, R. Murali, Balia Mohanty & Sushanta Kumar Sunasagada) in BLAPL No.7577, 7967 & 7700 of 2023 respectively to be released on bail on such terms to be fixed by the learned Court in seisin.
18. Additionally, it is directed that the Petitioners (A.Eswaran, R. Murali, Balia Mohanty & Sushanta Kumar Sunasagada) in BLAPL No.7577, 7967 & 7700 of 2023 respectively shall appear before the jurisdictional police station once every 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.
19. Before releasing the Petitioners in the aforementioned BLAPLs, learned Court in seisin shall verify their criminal antecedents in the State of Odisha as well as from their parent police station.
Page 4 of 520. If it comes to the fore that the Petitioners have any criminal antecedent, this order shall stand recalled.
21. Accordingly, the BLAPLs stand disposed of.
22. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 12-Oct-2023 16:41:54 Page 5 of 5