Ranjit Karada @ Karad @ Kadraka Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Ranjit Karada @ Karad @ Kadraka Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail not granted; liberty to the Petitioner to surrender before the Court below within two weeks from receipt of the certified copy of the order and to move for bail, with a direction that on surrender he shall be released on bail on such terms and conditions as the said Court deems fit and proper, including personal appearance before the Court in seisin over the matter on each date of posting without seeking representation.

Issue for consideration

Whether anticipatory bail should be granted to the Petitioner, who apprehends arrest in Gudari P.S. Case No.41/2022 / T.R. Case No.66/2022 for offences under Sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act, where his implication rests on the statements of co-accused persons.

Court's answer

There is no other evidence to show the Petitioner's presence at the spot or of his possessing the contraband ganja; his implication appears to be entirely on the basis of the statements of the co-accused persons, and as such the ratio laid down in Tofan Singh v. State of Tamil Nadu, (2020) 80 OCR (SC) 641 is squarely applicable.

Ratio / Principle

Anticipatory bail was not granted; the Petitioner was given liberty to surrender before the Court below within two weeks from receipt of the certified copy of the order and to move for bail, and in such event he shall be released on bail on such terms and conditions as the said Court deems fit and proper, including the condition that he personally appear before the Court in seisin over the matter on each date of posting without seeking representation.

Detailed headnote1 paragraphs

Orissa High Court, Cuttack — ABLAPL No.7125 of 2024 (Sashikanta Mishra, J.; order dated 22.8.2024): Anticipatory bail application by Ranjit Karada @ Karad @ Kadraka, apprehending arrest in Gudari P.S. Case No.41/2022, corresponding to T.R. Case No.66/2022, pending before the learned Addl. Sessions Judge-cum-Spl. Judge, Gunupur, for offences under Sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act. A truck loaded with contraband ganja had been detained by Gudari Police, and on interrogation the driver and helper stated the ganja was procured from the Petitioner. The Court found no other evidence of the Petitioner's presence at the spot or possession of the contraband, his implication resting entirely on co-accused statements, and held the ratio in Tofan Singh v. State of Tamil Nadu, (2020) 80 OCR (SC) 641 squarely applicable. Anticipatory bail was declined, but the Petitioner was granted liberty to surrender before the Court below within two weeks and move for bail, with a direction that he be released on bail on terms fixed by that Court, including personal appearance on each date of posting without seeking representation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7125 of 2024

Ranjit Karada @ Karad @ ..... Petitioner Kadraka

Represented by Adv.Mr.S.S.Ray-2 -versus-

State Of Odisha ..... Opposite Parties

Represented by A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER

22.8.2024.

Order No.

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. 3. The Petitioner is apprehending arrest in connection with Gudari P.S.Gase No.41/2022, corresponding to T.R.Case No. 66/2022 pending in the court of learned Addl. Sessions Judge-

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cum-Spl. Judge, Gunupur, for the alleged commission of the offence under Sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act.

As per the F.I.R. a truck loaded with huge quantity of contraband ganja was detained by the Gudari Police. On interrogation of the driver and helper, it came to light that the ganja was allegedly procured from the present Petitioner. There is no other evidence to show the presence of the Petitioner at the spot or of his possessing the contraband ganja in any manner. His implication appears to be entirely on the basis of the statement of the co-accused persons. As such the ratio laid down in the case of Tofan Singh v. State of Tamil Nadu , reported in (2020) 80 OCR (SC) 641 is squarely applicable.

Having regard to the submissions as above and the materials available on record while not being inclined to grant anticipatory bail to the Petitioner, the ABLAPL is disposed of granting liberty to the Petitioner to surrender before the Court below within two weeks from the date of receipt of certified copy of this order and to move for bail. In such event, he shall be released on bail on such terms and conditions as may be deemed fit and proper by the said Court including the condition that he shall personally appear before the Court in seisin over the mater on each date of posting of the case without seeking representation.

The ABLAPL is, accordingly, disposed of.

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Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

Signature Not Verified

Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 22-Aug-2024 18:36:25

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