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Nabina Majhi v. State of Odisha

Orissa HC14 Mar 2024BLAPL/1014/2024

Case brief

AI extract

What is this about?

BLAPL No. 1014 of 2024, Orissa High Court, V. Narasingh, J., order dated 14.03.2024; bail under NDPS Act Sections 20(b)(ii)(c), 25, 29; Section 37(1)(b)(ii) NDPS bar; ganja 401 kgs 300 grams; Kashinagar P.S. Case No.49 of 2023; G.R. Case No.36 of 2023 Gajapati; charge sheet 13.11.2023; custody since 25.06.2023; first offender; FIR against unknown; implication on co-accused Pradip Kumar Majhi's statement; Tofan Singh v. State of Tamil Nadu; State of Haryana v. Samarth Kumar; State by the Inspector of Police v. B. Ramu; conditions: antecedent verification, weekly police station appearance; bail allowed.

What did the court decide?

Bail granted: Petitioner to be released on terms to be fixed by the trial court, subject to verification of criminal antecedent and weekly appearance before the jurisdictional police station till conclusion of trial.

Nabina Majhi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, an accused in an NDPS case (Sections 20(b)(ii)(c), 25 and 29) in custody since 25.06.2023 with charge sheet already filed, is entitled to bail despite the bar contended under Section 37(1)(b)(ii) of the NDPS Act.

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Court's answer

Considering the nature of accusation and the law laid down in Tofan Singh and Samarth Kumar, this Court directed the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin, subject to verification of criminal antecedent.

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Ratio / Principle

If it comes to fore that the Petitioner has any criminal antecedent, the bail order shall not be given effect to.

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Key takeaways

As an additional condition, the Petitioner must appear before the jurisdictional police station once every week on dates/times fixed by the learned Court in seisin till conclusion of trial, with certification of appearance submitted to the Court in seisin.ratio¶22

Detailed headnote1 paragraphs

NDPS bail - Accused in G.R. Case No.36 of 2023 (Kashinagar P.S. Case No.49 of 2023) under Sections 20(b)(ii)(c), 25 and 29 NDPS Act, in custody since 25.06.2023 for alleged transport of 401 kgs 300 grams ganja; charge sheet filed 13.11.2023; earlier bail application under S.439 Cr.P.C. rejected by Sessions Judge-cum-Special Judge, Gajapati on 04.12.2023. State opposed citing bar under Section 37(1)(b)(ii) NDPS Act and State by the Inspector of Police v. B. Ramu. Court, relying on Tofan Singh v. State of Tamil Nadu (2020) 80 OCR (SC) 641 and State of Haryana v. Samarth Kumar, 2022 Live Law (SC) 622, directed release on bail on terms fixed by the trial court, subject to verification of criminal antecedent (order inoperative if antecedents surface) and weekly appearance before the jurisdictional police station till conclusion of trial. BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1014 of 2024

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Nabina Majhi

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Petitioner

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Mr. R.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. S. Pattnaik,AGA

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CORAM: JUSTICE V. NARASINGH

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ORDER 14.03.2024

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Order No. 1. Heard the learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with G.R. Case No.36 of 2023 pending on the file of learned Sessions Judge-cumSpecial Judge, Gajapati, arising out of Kashinagar P.S. Case No.49 of 2023 for commission of offence alleged under Sections20(b)(ii)(c),25 and 29 of NDPS Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Spl. Judge, Gajapati by order dated 04.12.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody since 25.06.2023 on the accusation of he along with the

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co-accused are involved in the transportation of contraband (ganja) to the tune of 401 kgs 300 grams.

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It is submitted by the learned counsel that admittedly the F.I.R. is against unknown and submits that the implication of the Petitioner is on the basis of statement of one co-accused Pradip Kumar Majhi.

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It is stated by the learned counsel that since charge sheet has already been filed on 13.11.2023 and as the Petitioner is the first offender, the Petitioner may be released on bail.

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Learned counsel for the State opposes the prayer in view of bar contained in Section 37(1)(b)(ii) of the NDPS Act and also referring to the order of Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 submits that since charge sheet has already been filed, prima facie case is well made out against the Petitioner.

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Considering the nature of accusation and keeping in view the law laid down by the apex Court in the case of Tofan Singh vrs. State of Tamil Nadu , reported in (2020) 80 OCR (SC) 641 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC)622, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent.

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If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

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Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till the conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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