Amzat Khan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Amzat Khan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Petitioner's (second) bail application should be entertained at this stage, notwithstanding the bar under Section 37(1)(b)(ii) of the NDPS Act urged by the State, the Petitioner's custody since 10.06.2022, and the progress of the trial.

Court's answer

Taking note of the trial-stage position (Petitioner in custody since 10.06.2022; 7 of 12 charge sheeted witnesses examined, all except P.Ws.6 and 7 supporting the prosecution) and keeping in view the nature of the allegations and the recent judgment of the Apex Court in State by the Inspector of Police vs. B. Ramu, this Court was not inclined to entertain the bail application at this stage.

Ratio / Principle

The learned Court in seisin was requested to expedite the trial.

Key takeaways

The observations made herein are for the purpose of consideration of the bail application only; the complicity of the Petitioner has to be adjudicated on the basis of the materials on record independently in the impending trial.obiter¶24

Detailed headnote1 paragraphs

Bail application (BLAPL No.1061 of 2023, Orissa High Court, Cuttack; V. Narasingh, J.; decided 23.02.2024) filed by Amzat Khan, an accused under Sections 20(b)(ii)(C)/25 of the NDPS Act in Special G.R. Case No.97 of 2022 before the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Kalimela P.S. Case No.155 of 2022, alleging involvement in transportation of 79 kg 900 grams of ganja recovered from a vehicle in which he was an occupant. In custody since 10.06.2022; earlier bail application BLAPL No.6202 of 2022 had been rejected by this Court on 25.07.2022 during the currency of investigation; the present BLAPL challenged the rejection of his Section 439 Cr.P.C. bail application by the Special Judge, Malkangiri dated 12.01.2023. Per status report dated 15.02.2024, 7 of 12 charge sheeted witnesses had been examined, and all witnesses except P.Ws.6 and 7 had supported the prosecution. The State opposed bail invoking the bar under Section 37(1)(b)(ii) of the NDPS Act. Taking into account the custody, the nature of the allegations and the recent Apex Court judgment in State by the Inspector of Police vs. B. Ramu (SLP(Crl.) No(s).8137 of 2022, dated 12.02.2024), the Court was not inclined to entertain the bail application at this stage; it requested the trial court to expedite the trial, confined its observations to the bail consideration, and the BLAPL stands disposed of (bail refused).

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1061 of 2023

Amzat Khan

Petitioner

Mr. P.K. Das, Advocate

-versus-

State of Odisha

Opposite Party

Mr. K.K. Gaya, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

ORDER 23.02.2024 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with Special G.R. Case No.97 of 2022 pending on the file of learned Sessions Judge-cumSpecial Judge, Malkangiri, in the district of Malkangiri, arising out of Kalimela P.S. Case No.155 of 2022 for commission of offence alleged under Sections 20(b)(ii)(C)/25 of the NDPS Act.

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.

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 12.01.2023 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e. BLAPL No.6202 of 2022 was rejected by this Court by order dated 25.07.2022 since the same was during the currency of investigation.

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It is submitted by the learned counsel that the Petitioner is in custody since 10.06.2022 and the allegation against him is that he along with other co-accused were involved in transportation of contraband (ganja) to the tune of 79 kg 900 grams which was recovered from a vehicle in which the Petitioner was the occupant.

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

Taking into account that the Petitioner is in custody since 10.06.2022 and the alleged non-progressing trial, a status report regarding the case was called for from the learned Court in seisin. On perusal of the said report dated 15.02.2024, it is seen that out of 12 charge sheeted witnesses, 7 witnesses have been examined by the prosecution till date and the case is now posted to 27.03.2024.

This Court also perused the copies of the depositions of P.Ws.1 to 7 submitted by the learned Court in seisin.

Except P.Ws.6 and 7, all the other witnesses have supported the prosecution.

Taking note of the same and keeping in view the nature of allegations and the recent judgment of the 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 , this Court is not inclined to entertain this bail application at this stage.

Learned Court in seisin is requested to expedite the trial. 13. It is needless to state that the observations made herein are for the purpose of consideration of the bail application only. And, the complicity of the Petitioner has to be adjudicated on the basis of the materials on record independently in the impending trial.

Accordingly, the BLAPL stands disposed of.

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Feb-2024 20:02:33 Santoshi

(V. NARASINGH) Judge

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