Allowed

Pawan Singh v. State of Odisha

Orissa HC9 Oct 2023BLAPL/5938/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail petition. The court noted the petitioner had been in custody for over 1.5 years for alleged NDPS offences involving 17 kg of ganja seized from a train, citing procedural irregularities and lack of corroborating evidence. The court discharged the petitioner on bail with conditions.

What did the court decide?

Petitioner released on bail with conditions of remaining within territorial jurisdiction, furnishing contact details to I.O and Court, and appearing personally; one default warrants issue of NBW.

Pawan Singh 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. 5938 of 2023

Pawan Singh

….

Petitioner

Mr. T.K. Sahu, Advocate

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-Versus -

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State of Odisha

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…. Opposite Party

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Mr. S.N. Nayak, ASC

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER

09.10.2023

Order No. 10.

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioner and learned Additional Standing counsel for the State.

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The petitioner is in custody since 15.05.2022 in connection with Titilagarh G.R.P.S. Case No. 20 of 2022 Corresponding to Special G.R. Case No.25 of 2022 pending in the Court of learned Addl. Sessions Judge, Titilagarh for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

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It is alleged that he and another person were travelling in a train in general compartment, when they were apprehended. Two bags, each containing 17 Kgs of contraband ganja are said to have been recovered from the general compartment. It is submitted that there were no independent witness to the so called search and seizure of the contraband. Secondly, except for the confessional statement of the accused, there is no other evidence directly implicating them. In any case, the contraband allegedly seized from the possession of the petitioner is only 17 kg, which is less than commercial quantity. Several other irregularities of procedure in the search and seizure carried out by the police have been pointed out. 5. This Court finds that though several points have been raised as to if the seizure made from a compartment of a moving train can be treated as conscious or constructive possession, this Court is not

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inclined enter into the controversy at this stage. It would suffice to note that in so far as the petitioner is concerned, he has already been in custody for more than 1 and ½ years and the amount of contraband seized from his possession as alleged by the prosecution is only 17 Kgs. The petitioner has proved his bonafides by surrendering to custody in time after availing interim bail. There is nothing on record to show that he misused the liberty so granted in any manner.

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Taking into consideration all the above facts, I am inclined to take a lenient view. Let the petitioner be released on bail on such terms and conditions as the Court below may deem fit and proper to impose including the following conditions:

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(i) He shall not leave the territorial jurisdiction of the Court without obtaining leave.

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(ii) He shall furnish his contact address and telephone number to the I.O. as well the Court before his release.

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(iii) He shall personally appear before the trial court on each date of posting of the case and in case of a single default, the Court below shall be at liberty to issue NBW to take him to custody again.

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The BLAPL is accordingly disposed of.

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A.K. Rana

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(Sashikanta Mishra) Judge

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Signature Not Verified

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Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Oct-2023 14:24:57

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Pawan Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pawan Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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