Allowed

Sukadeb Kemadu @ Sukadev Khamadu v. State of Odisha

Orissa HC8 Sept 2023BLAPL/2170/2023

Case brief

AI extract

What is this about?

This bail application was filed by Sukadeb Kemadu @ Sukadev challenging the rejection of his bail petition by the Special Judge in connection with an NDPS case. The High Court, considering the release of co-accused and the Apex Court judgment on parity, granted bail subject to verification of antecedents and appearance every fifteen days.

What did the court decide?

Petitioner directed to be released on bail on terms to be fixed by the trial Court; ordering criminal antecedent verification and appearance every fifteen days.

Sukadeb Kemadu @ Sukadev Khamadu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 2170 of 2023

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Sukadeb Kemadu @ Sukadev …. Petitioner Khamadu

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Mr. P.K. Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. K.K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 08.09.2023 Order No. 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with Special G.R. Case No.121 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Kalimela P.S. Case No.207 of 2022 for commission of the alleged offence under Sections 20(b)(ii)(C/27-A of NDPS Act).

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Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 09.02.2023 in the aforementioned case, the present bail application has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody since 14.08.2022 on the accusation of possessing contraband (ganja) to the tune of 664 kg 400 grams from 22 accused persons including the present Petitioner.

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Relying on the order passed by this Court dated 25.08.2023 relating to the co-accused in BLAPL No.2147 of 2023

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Page 1 of 3

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and other connected matters, it is submitted by the learned counsel for the Petitioner, on instruction, that like the co-accused who have since been released on bail, the individual seizure from the present Petitioner is to the tune of 30 kg 200 grams. Hence, he ought not to be made liable for the entire seizure.

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Learned counsel for the State opposes the prayer for bail.

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On going through the order dated 25.08.2023, this Court is persuaded to hold that the co-accused in BLAPL No.2147 of 2023 and other connected matters who were released, ex-facie are similarly placed.

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Same is not opposed by the learned counsel for the State. Yet, it is rightly pointed out that even if the submission of the Petitioner is accepted at its face value yet, individual seizure being more than the commercial quantity, in view of the rigorous of Section 37 of the NDPS Act, the Petitioner ought not to be released on bail merely because the co-accused have since been released on bail.

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Learned counsel for the Petitioner, on instruction, submits that Petitioner is the first offender and admittedly trial has not commenced.

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Taking into account the release of the co-accused and keeping in view the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another , reported in 2022 (10) SCC 51 relating to parity and bleak chance of early trial, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has any other criminal antecedent , this order shall stand recalled.

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Page 2 of 3

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Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every fifteen days 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 Court in seisin.

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