Bail application under Section 439 CrPC in an NDPS case involving trafficking of ganja. Court allowed bail after considering Supreme Court decision in Tofan Singh and release of co-accused.
Petitioner released on bail on furnishing bond of Rs. 50,000 with two local solvent sureties each for the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1349 of 2021
Pradeep Jena @ Pradip Kumar Jena …. Petitioner
Mr. Dipti Ranjan Bhokta, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. P.K. Mohanty Addl. Standing Counsel
Order No.
CORAM:
JUSTICE S.K. SAHOO
ORDER
04.08.2021
This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.37 of 2020 arising out of Sunabeda P.S. Case No.102 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Koraput for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cum- Special Judge, Koraput which was rejected on
// 2 //
22.01.2021.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 12.08.2020 and the first information report was lodged on 24.06.2020 by one Mukunda Melak, the S.I. of Police of Sunabeda police station and accordingly, Sunabeda P.S. Case No.102 dated 24.06.2020 was registered under section 20(b)(ii)(C) of the N.D.P.S. Act and in the first information report, it is mentioned that contraband ganja of commercial quantity was seized from a Bolero vehicle in which three persons, namely, T. P. Sri Prasad, B. Prasad Raju and Kedarnath Raju were present and accordingly, the case was registered against those three persons. He further submitted that subsequently, co-accused T.P. Sri Prasad stated before police that he has paid Rs.20,000/- (rupees twenty thousand) to the petitioner and Rs.50,000/(rupees fifty thousand) to co-accused Golak Kumar Pattnaik, who were serving at Sunki Check Gate for facilitating the transportation of ganja to Bhubaneswar. He further submitted that the said Golak Kumar Pattnaik has already been released on bail by this Court in BLAPL No.5135 of 2020 as per order dated 09.04.2021 and he has filed the copy of the bail order. He further submitted that in view of the available materials on record, the bail application of the petitioner may be favourably considered.
Page 2 of 4
// 3 //
Learned counsel for the State produced the case diary, opposed the prayer for bail and however, he does not dispute that the implication of the petitioner in the case is mainly based on the confessional statement of co-accused before police. On verification of the case record, he further submitted that there is nothing in the case record to show that there is any criminal antecedent against the petitioner.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and since the implication of the petitioner is based on the confessional statement of co-accused before police and in view of the recent decision of the Hon’ble Supreme Court in the case of Tofan Singh -Vrs.State of Tamil Nadu reported in (2020) 80 OCR (SC) 641 and keeping in view the release of coaccused on bail and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.
Page 3 of 4
// 4 //
The BLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
Judge
RKM
Page 4 of 4
1 issue framed by the court
Whether the petitioner qualifies for release on bail in an NDPS case where implication is based on co-accused's confessional statement.
Colour shows how this judgement treated each authority
Tofan Singh - Vrs. State of Tamil NaduFollowed¶21
(2020) 80 OCR (SC) 641
1 provisions across 1 enactments
Pradeep Jena @ Pradip Kumar Jena
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
