Allowed

Balwinder Singh v. State of Odisha

Orissa HC11 May 2023BLAPL/1095/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application filed by a petitioner accused of drug transportation. The Court held that Section 37 of the N.D.P.S. Act does not apply as the trial was delayed and the stage of the trial was not advanced. The petitioner was granted bail with conditions.

What did the court decide?

Petitioner released on bail on ₹50,000 Rs. with two local solvent sureties each for ₹50,000 Rs., subject to specific conditions.

Balwinder Singh Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1095 of 2023

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Balwinder Singh

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…. Petitioner Mr. A.P. Bose , Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. P.C. Das, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

11.05.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the State-Opposite Party. Perused the materials placed before this Court in course of hearing.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.61 of 2021, arising out of Mohona P.S. No.88 of 2021, pending in the Court of learned Additional Sessions Judge-cumSpecial Judge, Gajapati, Paralakhemundi for alleged commission of offences punishable under Sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act, 1985.

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This is the second journey of the Petitioner to this Court. On the earlier occasion, the bail application of the Petitioner, i.e. BLAPL No.8946 of 2021 was disposed of as withdrawn vide order dated 29.06.2022 with liberty to the Petitioner to move a fresh bail application in the event the trial is not concluded within a period of

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four months. Since the trial was not concluded within the aforesaid time, the Petitioner was moved an application for bail before the court below and the same having been rejected, the Petitioner approached this Court by filing the present bail application.

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The factual background of the case, in a nutshell, is that on 12.04.2021 at 6.30 P.M., while the Informant-S.I. of Police, Mohana Police Station along with his staff doing patrolling near Kamalpur chaka at that time one truck bearing registration No.HR-38-R-4367 suspiciously arrived at that place and on searching the truck, acute smell of ganja was coming out of it and on search, they found 10 number of jerry bags with contraband Ganja which is about 349 kg.

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It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 12.04.2021, i.e., more than two years. He further contended that investigation has been concluded and charge sheet has been filed. It is also contended that the trial is progressing very slow and 4 witnesses have been examined out of 17 witnesses. It is further contended that one of the co-accused Sudhir Kumar Batra, who is a Helper of the Truck in question, in which, the Petitioner was the driver has been released on bail vide order dated 08.02.2022 passed by this Court in BLAPL No.6748 of 2021. It is also contended that the owner of the vehicle, namely, Jagajit Singh was also present in the vehicle and who has been arrested and in custody. But, so far present Petitioner is concerned, it is submitted that he is the driver of the said vehicle and he does not have similar criminal antecedent.

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Learned Additional Standing Counsel appearing for the StateOpposite Party, on the other hand, opposed the prayer for bail of the Petitioner on the ground that allegations made in the F.IR. are serious in nature. He further submitted that Petitioner has been

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arrested from the spot and the contraband Ganja measuring 349 Kg. have been seized from the vehicle in question where the Petitioner is a driver. Therefore, the provision contained under Section 37 of the N.D.P.S. Act would be attracted to the facts of the present case. He further contended that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons, who are involved in such type of offences. He further submitted that release of the Petitioner would also cause delay in conclusion of the trial and that the Petitioner might involve in similar nature of offences, if he is released on bail. In such view of the matter, learned Additional Standing Counsel submitted that the bail application of the Petitioner be rejected at this stage.

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Having heard the learned counsel for the parties and upon a conspectus surrounding facts and circumstances of the present case and on perusal of the case dairy, so also upon consideration of the materials placed before this Court, this Court keeping in view of the fact that the Petitioner is in custody since 12.04.2021 as well as the report of the learned Additional Sessions Judge in Court in seisin over the matter dated 03.05.2023 that only two witnesses have been examined out of 17 charge sheet witnesses, is of the considered view that the bar under Section 37 of the N.D.P.S. Act would not attracted in the present case in view of the law laid down by the Hon’ble Supreme Court in the case of Mohd Muslim @ Hussain v. State (NCT of Delhi) disposed of on 28.03.2023). Taking into consideration the said fact, this Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(Rupees

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fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter . The release of the Petitioner shall also be subject to such terms and conditions as would be fixed by the Court in seision over the matter. The release of the Petitioner shall also be the following terms and conditions:-

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I. The Petitioner shall not be involved in any offence of similar nature;

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II. he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in

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any manner whatsoever;

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III. he shall not make any default in attending the court during trial;

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IV. he shall appear before the concerned Police Station once in a month preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of trial; and

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V. he shall not leave the jurisdiction of the Court in seisin over the matter and shall furnish his address and mobile number to the police from time to time.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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It is open for the court in seisin over the matter to impose any other conditions as may be deemed just and proper.

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It is further directed that the bail granted to the Petitioner is

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subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedents of similar nature. In the event it is found that the Petitioner has any criminal antecedent, this bail order shall automatically stand revoked.

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It is made clear that if the Petitioner fails to attend the court on the date fixed on a single occasion, this order shall stand automatically revoked and the learned court below is at liberty to issue N.B.W. against the petitioner forthwith.

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13. The Bail Application is, accordingly, disposed of.

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Debasis

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( A.K. Mohapatra)
Judge

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 18-May-2023 12:32:27

Balwinder Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balwinder Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

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