Allowed

Narada Kanhar v. State of Odisha

Orissa HC5 Apr 2024BLAPL/1239/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the petitioner accused in an NDPS case involving 4 quintals of ganja, relying on the parity principle due to the acquittal of a co-accused who provided the statement against the petitioner. The court directed release subject to verification of criminal antecedents and monthly police reporting.

What did the court decide?

Petitioner released on bail subject to terms fixed by Court in seisin, antecedent verification, and monthly police reporting.

Narada Kanhar 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. 1239 of 2024

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Narada Kanhar

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…. Petitioner

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Mr. A.R. Panda, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. T.K. Praharaj, SC

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CORAM: JUSTICE V. NARASINGH

ORDER

05.04.2024

Order No.

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

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The Petitioner is an accused in connection with C.T. Case No.13(B) of 2022 pending on the file of learned Sessions Judgecum-Special Judge, Phulbani, arising out of Gochhapada P.S. Case No.40 of 2022 for commission of alleged offence under Section 20(B)(ii)C of the NDPS Act. 3. 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 Special Judge, Phulbani by order dated 30.01.2024 in the aforementioned case, the present BLAPL has been filed.

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Page 1 of 3

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The allegation against the Petitioner is that he along with co-accused were involved in transportation of contraband (ganja) to the tune of 4 quintals 32 kgs.

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It is stated that the date of occurrence is 18.03.2022 and one co-accused Kalia Kanhar was nabbed at the spot and on the basis of his statement, the Petitioner was taken into custody on 16.01.2024.

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It is submitted by the learned counsel for the Petitioner that the said Kalia Kanhar has been acquitted by the learned Judge, Special Court, Phulbani, Kandamal in C.T. Case No.13 of 2022 (T.R. Case No.33 of 2022) by judgment dated 05.05.2023 and it is submitted that taking note of the same, co-accused Nikunja Kanhar, who was similarly circumstanced, was released on bail by this Court by order dated 09.08.2023 in BLAPL No.5452 of 2023. Hence inter alia on the ground of parity, the Petitioner seeks release.

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Learned counsel for the State opposes the prayer for bail and submits that the acquittal qua the accused, who faced the trial, cannot ennure to the benefit of the present Petitioner and as such, the same has no bearing and in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act, the Petitioner ought not to be released on bail keeping in view the quantity of contraband seized i.e 4 quintals 34 kgs.

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Taking into account the release of the co-accused and keeping in view the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another , reported in 2022 (10) SCC 51 more particularly paragraph-71 thereof relating to parity, the basis of implication

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Page 2 of 3

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being on account of the statement of the co-accused who have since been acquitted, 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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Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has criminal antecedents of similar nature , 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 month 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: 06-Apr-2024 17:46:02

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Page 3 of 3

Narada Kanhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Narada Kanhar v. State of Odisha

Case brief

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