Bapi @ Chandan Das Vs State of Odisha

The Petitioner is an accused in connection with T.R. Case No.337 of 2023 pending on the file of learned District and Sessions Judge, Khurda at Bhubaneswar, arising out of Badagada P.S. Case No.338 of 2023 for commission of offence alleged under Sections 20(b)(ii)(C)/29 of the 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.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3^rd Additional Sessions Judge, BBSR by order dated 10.01.2024 in the aforementioned case, the present BLAPL has been filed.

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This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e BLAPL No.11278 of 2023 was disposed of by order dated 29.11.2023, taking into account that the contraband seized was to the tune of 25 kgs which is more than commercial quantity and had moved this Court during currency of investigation.

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It is submitted by the learned counsel for the Petitioner that in the meanwhile, charge sheet has already been filed on 19.12.2023. The same is on record.

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Referring to the allegation of the prosecution, it is submitted that three co-accused persons, namely, Ramu Jena, Kalandi Srichandan and Bikram Singh were apprehended at the spot and on the basis of their statement, the Petitioner has been apprehended. Hence, it is stated that the bar under Section 37(1)(b)(ii) of the NDPS Act is ex-facie not attracted in the case at hand.

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Learned counsel for the State opposes such prayer and submits that the effect of being named by the co-accused has to be construed at the time of trial and opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act and also in view of the criminal antecedent of the Petitioner.

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Per contra, it is submitted by the learned counsel for the Petitioner that none of the antecedents relate to cases under the Special Act.

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Ex-facie such submission is not acceptable in view of the second limb of Section 37(1)(b)(ii) of the NDPS Act, as rightly pointed out by the learned counsel for the State, but, since this Court finds force in the submission of the learned counsel for the Petitioner that ex-facie that the implication is on account of the

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co-accused statement, the antecedents ought not to deter this Court while considering the bail application.

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Taking into account the manner of accusation and keeping in view the dictum of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2021) 4 SCC 1, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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In view of the criminal antecedent of the Petitioner, as noted, additionally, it is directed that Petitioner shall appear before the jurisdictional police station twice every week 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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Accordingly, the BLAPL stands disposed of.

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

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(V. NARASINGH) Judge

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Santoshi

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Mar-2024 20:27:14

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Bapi @ Chandan Das v. State of Odisha

Case brief

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Bapi @ Chandan Das v. State of Odisha

Case brief

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