Rabindra Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Rabindra Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release of the Petitioner on bail on terms to be fixed by the Court in seisin, subject to: (i) monthly appearance before the jurisdictional police station till conclusion of trial, with certification of appearance to the Court in seisin; and (ii) pre-release verification of criminal antecedents by the Court in seisin, the order being ineffectual if antecedents are found.

Issue for consideration

Whether the Petitioner, an accused under Sections 20(b)(ii)(C)/29 of the NDPS Act, ought to be released on bail despite the bar contained in Section 37(1)(b)(ii) of NDPS Act urged by the State. +1 more

Court's answer

Considering the nature of allegation, taking into account the basis of implication, in the light of the Apex Court judgments in Tofan Singh vrs. State of Tamil Nadu ((2021) 4 SCC 1) and State of Haryana vrs. Samarth Kumar (2022 Live Law (SC) 622), and that the Petitioner is the first offender as stated, the Court directs his release on bail on such terms to be fixed by the Court in seisin.

Ratio / Principle

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

Key takeaways

Before releasing the Petitioner, the learned Court in seisin is requested to verify his criminal antecedents; if it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.ratio¶28

Detailed headnote1 paragraphs

Bail granted — BLAPL No.1129 of 2024 (High Court of Orissa at Cuttack, Coram: Justice V. Narasingh, order dated 06.03.2024) disposed of by directing release of Rabindra Behera, accused under Sections 20(b)(ii)(C)/29 of NDPS Act in T.R. Case No.335 of 2023 (arising out of Dhauli P.S. Case No.106 of 2023) pending before the 2nd Additional Sessions Judge, Bhubaneswar, whose earlier bail application under S.439 Cr.P.C had been rejected by that Court on 31.01.2024. Relying on Tofan Singh vrs. State of Tamil Nadu, (2021) 4 SCC 1 and State of Haryana vrs. Samarth Kumar, 2022 Live Law (SC) 622, and noting the Petitioner's first-offender status, custody since 04.07.2023 and charge sheet dated 17.12.2023, the Court overrode the State's objection based on the Section 37(1)(b)(ii) NDPS Act bar. Conditions: monthly appearance before the jurisdictional police station till conclusion of trial with certification to the Court in seisin; and pre-release verification of criminal antecedents, failure of which renders the order ineffective.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1129 of 2024

Rabindra Behera

…. Petitioner

Mr. S.R. Rout, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. K.K. Gaya, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

06.03.2024

1. Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with T.R. Case No.335 of 2023, pending before the learned 2^nd Additional Sessions Judge, Bhubaneswar, arising out of Dhauli P.S. Case No.106 of 2023 , for commission of alleged offences under Sections 20(b)(ii)(C)/29 of NDPS Act.

Learned counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner is pending in any other Court, relating to the aforesaid P.S. Case.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2^nd Additional Sessions Judge, Bhubaneswar by order dated 31.01.2024 in the aforementioned case, the present bail application has been filed.

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The allegation against the Petitioner is that he was facilitating the transportation of contraband to the tune of 59.100Kgs (Ganja).

It is submitted by the learned counsel that the Petitioner is in custody since 04.07.2023 and since charge sheet has been filed on 17.12.2023, the Petitioner may be released on bail.

It is stated by the learned counsel that the basis of implication is on account of the co-accused statement and one of the co-accused similarly placed has already been released on bail by this Court by order dated 12.01.2024 in BLAPL No.14546 of 2023. Hence, on the ground of parity, the Petitioner seeks release.

It is further submitted by the learned counsel that the Petitioner is the first offender.

Learned counsel for the State opposes the prayer for bail and submits that what weighed with this Court while granting bail to the co-accused that she is a lady and has a child aged about 7 months and also submits that in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act, the Petitioner ought not to be released on bail.

Considering the nature of allegation, taking into account the basis of implication, in the light of the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu , reported in (2021) 4 SCC 1 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC) 622 and that the Petitioner is the first offender as stated, this Court directs his release on bail on such terms to be fixed by the Court in seisin.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till

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conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not

be given effect to.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per the

rules.

(V. NARASINGH)
Ayesha Judge

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Mar-2024 15:43:38

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