Sitaram Sadangi Vs State of Odisha

The Petitioner is an accused in connection with Special Case No.20 of 2023, pending in the Court of the learned A.D.J.cum-Special Judge, Kantamal, Boudh arising out of Manamunda P.S. Case No.04 of 2023 , for alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act.

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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.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Kantamal, by order dated 07.11.2023 in the aforementioned case, the present BLAPL has been filed.

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The allegation against the Petitioner is that he was involved in the transportation of contraband to the tune of 94Kgs (Ganja).

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It is submitted by the learned counsel that the Petitioner is in custody since 26.06.2023 and as charge sheet in the case at hand has been filed on 30.06.2023, his further continuance in custody is unwarranted.

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It is the submission of the learned counsel for the Petitioner the basis of accusation is on account of the statement of the co-accused who were apprehended at the spot and on the basis of their statement that they have procured the contraband from the Petitioner, he has been arrayed as an accused.

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Learned counsel for the Petitioner further submits that the co-accused Ghanashyam Khatua has since been released on bail by this Court by order dated 18.09.2023 in BLAPL No.8120 of 2023. Hence, on the ground of parity, the Petitioner seeks release.

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It is the submission of the learned counsel for the Petitioner that even if the entire case of prosecution is accepted at its face value, the basis of accusation is on account of the coaccused statement and referring to the dictum 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, he submits that Petitioner may be released on bail.

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Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37(1)(b)(ii) of NDPS Act and he relies on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu arising out of SLP(Crl.) No(s).8137 of 2022 and submits that since charge sheet has already

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been filed prima facie, case is made out. Hence, he ought not to be released on bail.

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Learned counsel for the State further submits that the Petitioner has two criminal antecedents of similar nature i.e. Kantamal P.S. Case No.67 of 2023 and Boudh P.S. Case No.68 of 2023,

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Taking into account the manner of accusation in the case at hand, 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 the Petitioner on bail, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner is involved in any other case other than the two cases referred to hereinabove apart from the case at hand, 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 week 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 learned 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 rule.

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(V. NARASINGH) Judge

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Ayesha

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Mar-2024 14:33:59

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Sitaram Sadangi v. State of Odisha

Case brief

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Sitaram Sadangi v. State of Odisha

Case brief

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