Sanjib Khatua Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Sanjib Khatua Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

The Petitioner's second bail application under section 439 Cr.P.C. was allowed: he was directed to be released on bail in C.T. Case No.24 of 2020 on terms and conditions deemed just and proper by the Court in seisin of the case, subject to the conditions of personal appearance on each date of posting till conclusion of trial, not leaving the jurisdiction of that Court, and not indulging in similar offences, with violation of any condition entailing cancellation of bail.

Issue for consideration

Whether the Petitioner, in custody since 08.06.2020 in an NDPS case involving 383 Kg 50 Gram of Ganja with no substantial progress in the Trial, could be granted bail notwithstanding the bar under section 37 of the NDPS Act.

Court's answer

Taking into account the submissions made, the materials on record against the Petitioner, the surrounding circumstances and the period of detention in custody, including the factum of grant of bail to the co-accused persons, the Court was inclined to reconsider the prayer for grant of bail and directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case.

Ratio / Principle

The release on bail was made subject to further conditions: (i) the petitioner will appear in person before the Court in seisin of the case on each date of posting till conclusion of the trial; (ii) he will not leave the jurisdiction of the Court in seisin of the case; and (iii) he will not indulge himself in commission of similar type of offences.

Key takeaways

Violation of any of the bail conditions shall entail cancellation of bail.ratio¶28

Detailed headnote1 paragraphs

Orissa High Court (D. Dash, J.), order dated 28.02.2024 in BLAPL No.12733 of 2023 - Second bail application under section 439 Cr.P.C. by an accused in Balliguda P.S. Case No.111 of 2020 / C.T. Case No.24 of 2020 (alleged offence under section20(b)(ii)(c)/25/29 of the NDPS Act, implicating him for possession of 383 Kg 50 Gram of Ganja), in custody since 08.06.2020, earlier granted interim bail and having surrendered in time, with no substantial progress in the Trial and bail already granted to co-accused persons: Court took into account the submissions, materials on record, period of detention and grant of bail to co-accused, and directed release of the Petitioner on bail on terms deemed just and proper by the trial Court, subject to conditions of personal appearance before that Court on each date of posting till conclusion of trial, not leaving its jurisdiction, and abstaining from similar offences; violation of any condition to entail cancellation of bail. The BLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTAC

BLAPL NO.12733 OF 2023

Sanjib Khatua

…. Petitioner

Mr. Mahes Das, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. S.K.Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH ORDER

Order No.

28.02.2024

This matter is taken up through hybrids arrangement (virtual/ physical) mode.

This is the second journey of the Petitioner, who is in custody in connection with Balliguda P.S. Case No.111 of 2020, corresponding to C.T. Case No.24 of 2020, pending on the file of learned Special Judge-cum-Additional Sessions Judge, Balliguda, running for the alleged commission of offence under section20(b)(ii)(c)/25/29 of the NDPS Act, in filing this application under section 439, Cr.P.C., for reconsideration of the prayer for grant of bail to the Petitioner in the above mentioned case.

Learned Counsel for the Petitioner submits that this Petitioner, having been arrested in the case is in custody since 08.06.2020 and on the earlier occasion, he having been granted interim bail, had surrendered in time. He further submits that this Petitioner, who has been implicated in the case for possession of 383 Kg 50 Gram of Ganja, is having permanent residence in the

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District of Kandhamal and by now, there has been no substantial progress in the Trial.

In view of all these, he contends that at this stage, the bar contained under section 37 of the NDPS Act would not stand on the way of grant of bail to the Petitioner.

Learned Counsel for the State opposes the move in view of the quantity of the Ganja involved in the case where the materials have been collected that the Petitioner was the driver-cum-owner of the said tractor, which was carrying the load of Ganja.

Taking into account the submissions made; further keeping in view the materials on record as those stand against the Petitioner as also the surrounding circumstances and the period of detention of the Petitioner in custody including the factum of grant of bail to the co-accused persons; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-

petitioner 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;

will not leave the jurisdiction of the Court in seissin of the case; and

will not indulge himself in commission of similar type of offences.

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

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

(D. Dash), Judge.

Gitanjali

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 04-Mar-2024 13:09:07

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