Deba Kabasi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Deba Kabasi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail under Section 439 Cr.P.C., to be released by the Court in seisin over G.R. Case No.190 of 2023 on terms deemed just and proper, subject to seven imposed conditions (two local sureties; monthly police-station reporting between 10.00 A.M. and 12.00 P.M.; no departure from trial-Court jurisdiction till trial disposal; attendance on every trial date; no tampering with evidence; no offence while on bail; verification of similar-type antecedents), breach entailing cancellation.

Issue for consideration

Whether the petitioner, accused in G.R. Case No.190 of 2023 (Kalimela P.S. Case No.222 of 2023) under Section 20(b)(ii)(C) of the N.D.P.S. Act, should be enlarged on bail under Section 439 Cr.P.C., his earlier bail application having been refused by the Sessions Judge-cum-Special Judge, Malkangiri. +1 more

Court's answer

Directed that the petitioner be released on bail by the learned Court in seisin over the matter (Special G.R. No.190 of 2023), on such terms and conditions as that Court deems just and proper, subject to the further conditions imposed by this Court.

Ratio / Principle

Bail admitted after taking into consideration, together: non-progress of the trial, the period of custody, the nature of accusation and the quantity of contraband seized.

Key takeaways

Release conditioned inter alia on: furnishing two local sureties; monthly appearance before the concerned Police Station between 10.00 A.M. and 12.00 P.M.; not leaving the jurisdiction of the trial Court till disposal of the trial; appearing before the trial Court on each date posted for trial; not tampering with evidence; committing no offence while on bail; and subject to verification of similar type of antecedents.ratio¶¶27
Violation of any of the bail conditions shall entail cancellation of the concession of bail; the prosecution is at liberty to move the Court below for cancellation, which must decide such application on its own merit.ratio¶¶34

Detailed headnote1 paragraphs

Bail (S.439 Cr.P.C.) — NDPS — High Court of Orissa at Cuttack (J. Sibo Sankar Mishra), Order dated 27.08.2024 in BLAPL No.13037 of 2023: Deba Kabasi, in custody since 12.09.2023 as accused in Kalimela P.S. Case No.222 of 2023 / G.R. Case No.190 of 2023 (Sections 20(b)(ii) C, N.D.P.S. Act), apprehended near Kalimela while fleeing leaving behind a motor cycle carrying two plastic sacks weighing 25 kgs. each, said to contain contraband ganja he was engaged to procure for one Sukumar of village Dornapal, admitted to bail despite earlier refusal by the Sessions Judge-cum-Special Judge, Malkangiri on 26.09.2023; grant expressly rested on non-progress of the trial, the period of custody, the nature of accusation and the quantity of contraband seized; conditions imposed (two local sureties, monthly police-station reporting, confinement to trial-Court jurisdiction, attendance at hearings, no tampering, no fresh offence, antecedent verification) with cancellation of bail on violation. Precedents invoked by counsel: Rabi Prakash (2023 SCC Online SC 1109); Mohd. Muslim @ Hussain (AIR 2023 SC 1648).

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.13037 of 2023

Deba Kabasi

…. Petitioner

Mr. Rajib Lochan Pattnaik, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. S.R. Raula, Additional Standing Counsel

CORAM:

JUSTICE SIBO SANKAR MISHRA

Order No.

ORDER

27.08.2024

1. This is an application under Section-439 Cr.P.C.

2. The petitioner is the accused in connection with Kalimela P.S. Case No.222 of 2023 corresponding to G.R. Case No.190 of 2023 for the offence under Sections20(b)(ii) C of the N.D.P.S. Act pending in the Court of the Sessions Judge-cum-Special Judge, Malkangiri.

3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

4. The allegation against the petitioner is that on 12.09.2023 at about 10.30 P.M., the S.I. of Police of Kalimela Police Station along with his staff were performing day patrolling duty in Kalimela P.S. area. One person was coming in a motor cycle towards village Koimela from village MV-107 in high speed carrying bulk substances in

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two plastic sacks weighing 25 kgs. each in his motor cycle. On seeing the police staff, he left his motor cycle at the spot and ran away towards the jungle. The police staff apprehended him. On being asked, he disclosed his identity (present petitioner) and he further stated that one Sukumar of village Dornapal has engaged him to procure contraband ganja and transporting the same to Dorapal for monetary gain. Then the police seized the contraband. Hence, the F.I.R.

5. The petitioner had approached the learned Sessions Judge-cum-Special Judge, Malkangiri in Special G.R. No.190 of 2023 for the grant of bail. The learned Court below vide its order dated 26.09.2023 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail.

6. The petitioner has been in custody since 12.09.2023. Learned counsel for the petitioner submits that the speedy trial although is a sacred right, however, on account of procrastination of the trial, his custody is prolonging. He has relied upon the decision in the cases of Rabi Prakash vs. The State of Odisha , reported in 2023 SCC Online SC 1109 and Mohd. Muslim @ Hussain vs. State of (NCT of Delhi) , reported in AIR 2023 SC 1648 .

7. Taking into consideration non-progress of the trial, the the period of custody, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioner on bail. Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would

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deem just and proper subject to the further following conditions:

(i) The petitioner shall furnish two local sureties.

(ii) The petitioner shall appear before concerned Police Station once in a month in between 10.00 A.M. to 12.00 P.M.

(iii) He shall not leave the jurisdiction of the trial Court till disposal of the trial.

(iv) He shall appear before the trial Court on each date to which the case is posted for trial.

(v) The petitioner shall not tamper with the evidence in any manner whatsoever.

(vi) The petitioner shall not commit any offence while on bail and

(vii) Subject to verification of similar type of antecedents of the petitioner.

Violation of the any of the conditions shall entail cancellation of the bail.

In the event that the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution

is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

8. The BLAPL is accordingly disposed of.

Judge

Subhasis

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Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 27-Aug-2024 21:13:01