Orissa High Court
Chaitanya Pangi vs State Of Orissa .... Opposite Party on 9 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 620 of 2023
Chaitanya Pangi .... Petitioner
Mr. M. Padhy, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
09.08.2023 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. 53 of 2022 arising out of Semiliguda P.S. Case No. 75 of 2022, pending before the Court of the learned Addl. Sessions Judge-cum- Special Judge, Koraput for alleged commission of offences under Sections 20(b)(ii)(C)/29 of the NDPS Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge, Koraput, by order dated 11.01.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody since 10.05.2022 on the accusation that he was escorting the vehicle container from which contraband (Ganja) to the tune of 266 Kg. 100 grams was seized.
5. It is further submitted that the Petitioner has been named by the co-accused driver of the vehicle from whose possession such Page 1 of 4 contraband was seized and hence submits that his further continuance in custody is punitive.
6. In refuting such submission, learned counsel for the State places on record the call detail record which unerringly points out the present Petitioner and the principal accused were constantly in touch and hence it is the submission of the learned counsel for the State that it is not only the co-accused statement but the CDR which points to the complicity of the Petitioner. Hence, taking into account the contraband being more than commercial quantity, he ought not to be released on bail.
7. It is apt to mention here that this Court by order dated 21.03.2023 in BLAPL No. 1159 of 2023 has rejected the bail application of the co-accused Chaitan Khillo @ Ankit and also rejected the bail application of the co-accused, namely, Chhotan Ram by order dated 20.03.2023 in BLAPL No. 536 of 2023.
8. To fortify his submission learned counsel for the State has relied on the recitals in paragraph-16 of the final form under the heading <brief fact of the case=. The same having nexus with the present Petitioner is extracted hereunder.
xxxxxxxx xxxxxxxxx xxxxxxx <On personal search of the suspect Chaitan Khillo @ Ankit S/o- Dambaru Khillo of village near Roti Factory, Nandapur, PS Nandapur, Dist Koraput(1) One Pan card vide no JBZPK8401G in the name of Chaitan Khillo, (2) One Axis Bank Debit Card vide No. 4341580002259050, One Axis Bank Debit card vide No. 4691980121351109, (3) one OPPO A-30 Mobile vide IMEI No. 869353031483236 and IMEI-2 No 869353031483228 having sim No. 7008840112, (4) One POCCO M@ mobile vide IMEI-1- 866412050501782 and IMEI-2- 866412050501790 having sim No. 6370161655 and (5) Cash of Rupees 2500/- were recovered. Hence, Complt prepared seizure list in presence of the E.M and the Page 2 of 4 witnesses at 05.25 PM on 10.05.2022 and served the concered copy of the seizure lists to the suspect with his acknowledgement.
xxx xxx xxx <On personal search of the suspect Chaitanya Pangi(42) S/o- Late Jagatray Pangi of village Macchpur, PS Nandapur, Dist Koraput, one SBI Debit card vide No. 6074310114654909 in the name of Chaitan Pangi, one Redmi Mobile vide IMEI No. 866769050004012/02 and IMEI-2 No. 866769050004020/02 having sim No. 8260831298 and Cash of Rupees 4500/- were recovered.= xxx xxx xxx Sent requisition to SP, Koraput for CDR and SDR of SIM No's. of accused persons and authenticated hard copy of mobile numbers, 1. Samsung Keypad Mobile Phone vide IMEI-1-353140458639421 and IMEI-2- 359937178639423 having sim number 8409727923 & 8936008672, 2. OPPO A-30 Mobile Phone vide IMEI No. 869353031483236 and IMEI-2 No. 869353031483228 having sim No. 7008840112, 3. POCCO M2 mobile phone vide IMEI-1-866412050501782 and IMEI-2- 866412050501790 having sim No. 6370161655, 3. Redmi Mobile Phone vide IMEI No. 866769050004012/02 and IMEI -2 No. 866769050004020/02 having sim No. 8260831298.= xxx xxx xxx
9. On the basis of CDR analysis which is the part of the record, it is submitted that the present Petitioner was in constant touch with the co-accused Chaitan Khillo @ Ankit, whose bail application has since been rejected, as noted.
Page 3 of 410. Considering the materials on record, this Court is not inclined to entertain this bail application, at this stage.
11. Accordingly, the BLAPL stands rejected.
(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Aug-2023 20:35:49 Page 4 of 4