Allowed

Santosh Rout v. State of Odisha

Orissa HC13 Feb 2024BLAPL/11945/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application filed under section 439 Cr.P.C. against the strict bar of section 37 of the N.D.P.S. Act, considering the petitioner's long detention, no progress in trial, and the fact that the Final Form was submitted after the 180-day threshold.

What did the court decide?

The petitioner is released on bail in the aforesaid case with conditions to appear before the trial court and IIC regularly and not commit similar offences.

Santosh Rout Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.11945 of 2023

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Santosh Rout

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…. Petitioner

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Mr. B. Pujari, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P.K. Mohanty, ASC

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CORAM:

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MR. JUSTICE D.DASH

ORDER

Order No.

13.02.2024

This matter is taken up through hybrid arrangement

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(virtual/physical) mode.

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Learned counsel for the Petitioner files the affidavit of the mother of the Petitioner in Court today indicating therein that no bail petition is pending before any other court of law, which is taken on record.

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The petitioner being in custody in connection with Kabisuryanagar P.S. Case No.163 of 2022 corresponding to G.R. Case No.07 of 2022 pending in the Court of the learned Additional Sessions Judge, Kodala for offence punishable under sections 20(b)(ii)(C)/29 of the N.D.P.S. Act has filed this application under section 439, Cr.P.C. for his release on bail.

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Learned counsel for the Petitioner submits that the Petitioner being arrested in the case on the allegation of being in possession of 412 kilograms 980 grams of ganja, he has been in custody since 24.04.2022. He further submits that in this case the Final Form was submitted on 27^th October, 2022 and that was on 187^th day of the detention of the petitioner in custody. According to him, the Trial Court having already ordered the Petitioner to be released on default bail on 27.10.2022, after few hours, recalled the said order because the Final Form was submitted after that

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// 2 //

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order. He further submits that the Petitioner is a permanent resident of the district of Ganjam and there remains no scope on his part to flee from justice. It is also submitted that the Petitioner is not having antecedent as regards his involvement in commission of similar offence. Therefore, when there remains no question of tampering the evidence as most of the witnesses are officials and as despite detention of the Petitioner in custody for about a year, there has been no such progress in the trial. In view of all these, he urges for grant of bail to the Petitioner as, according to him, at this stage, the bar contained under section 37 of the N.D.P.S. Act is not attracted.

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Learned counsel for the State opposes the move in view of the quantity of the contraband involved in the case. He, however, does not dispute the present status of the Trial in which only few witnesses have been examined so far. He further submits that the Final Form having already been submitted, the Petitioner now cannot take the advantage of the delay in filing this case,

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Taking into account the submissions made and on going through the materials on records as those stand against the Petitioner as also the quantity of contraband ganja said to have been seized; further keeping in view the surrounding circumstances including the period of detention of the Petitioner in custody; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that:-

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(i) he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial; (ii) will appear in person before the IIC, Kabisuryanagar P.S. every Monday in between 10 am to 2 pm till conclusion of the trial; and

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(iii) will not indulge himself in commission of similar type of offence.

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Violation of any of the above condition(s) shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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(D. Dash) Judge

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Signature Not Verified

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Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 20-Feb-2024 14:21:49

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Page 3 of 3

Santosh Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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