Partly allowed

Ajmeera Sumith @ a.Sumith v. State of Odisha

Orissa HC17 Oct 2023BLAPL/4327/2023

Case brief

AI extract

What is this about?

High Court, Odisha disposed of two bail applications by directing the release of petitioners accused under the NDPS Act on bail, subject to terms fixing sureties, regular reporting, and verification of antecedents by the lower court.

What did the court decide?

The petitioners are directed to be released on bail on such terms to be fixed by the learned Court in seisin, with additional conditions for reporting and antecedent verification.

Ajmeera Sumith @ a.Sumith 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. 4327 of 2023

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Ajmeera Sumith @ A. Sumith

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Petitioner

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Mr. D.K. Sahoo, Advocate

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-versus-

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…. State of Odisha Opposite Party

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Mr. A. Pradhan, ASC

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BLAPL No. 9005 of 2023

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Order No.

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Kumban Nagaraju …. Petitioner
Mr. P.K. Nanda, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
17.10.2023
1. Since both the BLAPLs relate to the same P.S. Case

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(Kalimela P.S. Case No.99 of 2022), on the consent of the learned counsel for the Petitioners as well as State, they are taken up together and are disposed of by this common order.

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Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State.

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The Petitioners are accused in connection with Special G.R. Case No.61 of 2022, pending on the file of the learned Sessions Judge-cum-Special Judge, Malkangiri, Dist-Malkangiri, arising out of Kalimela P.S. Case No.99 of 2022 for alleged commission of offences under Sections 20(b)(ii)(c)/25/27-A of the NDPS Act.

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Page 1 of 3

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri, by the impugned orders in the aforementioned cases, the present BLAPLs have been filed.

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It is submitted by the learned counsel that the Petitioners are in custody since 18.04.2022 on the allegation of possessing contraband (ganja) to the tune of 57kg 400 grams which was seized from the Hundai Grand I-10 Car in which they were travelling.

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It is submitted by the learned counsel for the Petitioners that both the Petitioners are first offenders and there is no progress in trial though the Petitioners are in custody for more than a year. Hence, they may be released on bail.

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Affidavit and memorandum fortifying their submissions is taken on record.

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Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1) of the NDPS Act.

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Taking into account the period of custody and that trial has not progressed and the prosecution has cited 19 witnesses, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

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To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioners during trial since they do not belong to the State of Odisha, additionally, it is directed that Petitioners 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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Page 2 of 3

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It is further directed that one of the family member of each of the Petitioners shall execute the P.R bond in addition to the sureties so fixed.

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Before releasing, learned Court in seisin is called upon to obtain instruction regarding antecedent of the Petitioners from their parent police station i.e. P.S.-Bhupalpalle, Dist-Jayshankar Bhupalpally, State- Telengana and P.S. Kataram, Dist-Jayshankar Bhupalpally, State Telengana respectively. If it comes to fore that the Petitioners have any criminal antecedent , this order shall stand recalled.

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Accordingly, both the BLAPLs stand disposed of.

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Santoshi

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Urgent certified copy of this order be granted as per the rules.

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(V. NARASINGH)
Judge

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-Oct-2023 19:47:22

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Page 3 of 3

Ajmeera Sumith @ a.Sumith v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ajmeera Sumith @ a.Sumith v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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