Single judge granted bail to the petitioner in a narcotics offence case, considering the lack of material evidence besides co-accused statements and referencing a Supreme Court decision, on furnishing a bond and two sureties.
Petitioner released on bail on furnishing bond of Rs.50,000 and two local solvent sureties each for Rs.50,000.
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BLAPL No. 8998 of 2020
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Rukman Pangi ……. Petitioner -Vrs.State of Odisha ……. Opp. Party
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.22 of 2018 arising out of Laxmipur P.S. Case No.67 of 2018 pending in the Court of learned Additional Sessions Judge -cumSpecial Judge, Koraput for offences punishable under sections 20(b)(ii)(C)/29 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 07.12.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 13.11.2020 and he has been charge sheeted under sections 20(b)(ii)(C)/29 of the N.D.P.S. Act and except the confessional statement of co-accused persons before police, there is no other material against the petitioner and after hearing the learned counsel for the State who on verification about the said aspect as per the order dated 17.03.2021, fairly submitted that except the confessional statement of the co-accused
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before police, there is no other material against the petitioner and the case diary also does not reveal any criminal antecedent against the petitioner 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 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.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
…………………..……
P
S.K. Sahoo, J.
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2 issues framed by the court
Whether the petitioner should be released on bail in an N.D.P.S. case where except co-accused confessional statements, there is no other material against him.
Whether the recent decision of the Hon'ble Supreme Court in Tofan Singh should be considered for granting bail.
Colour shows how this judgement treated each authority
Tofan Singh -Vrs.- State of Tamil NaduReferred¶10
**Tofan Singh -Vrs.- State of Tamil Nadu reported in (2020) 80 OCR (SC) 641
2 provisions across 2 enactments
Rukman Pangi
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
