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Suparna Mandal Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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Orissa HC
2024
Suparna Mandal Vs State of OdishaSuparna Mandal v. State of Odisha

Disposed¶30

Suparna Mandal v. State of Odisha

Orissa HC12 Apr 2024BLAPL/1371/2024

Case brief

AI extract

What is this about?

BLAPL No.1371 of 2024, High Court of Orissa at Cuttack, Justice Sibo Sankar Mishra, order dated 12.04.2024. Suparna Mandal v. State of Odisha. Bail under Section 439 Cr.P.C. for offence under Sections-20(b)(ii) C N.D.P.S. Act (Special G.R. Case No.05 of 2024 / M.V. 79 P.S. Case No.08 of 2024, Malkangiri). 22 kgs. ganja seized from OSRTC bus on 11.01.2024; custody since 12.01.2024; earlier bail rejection dated 27.01.2024; parity with co-accused Dillip Dash (BLAPL No.1122 of 2024, bail granted 01.03.2024). Bail granted with conditions; non-compliance may lead to cancellation.

What did the court decide?

Petitioner to be released on bail by the learned Court in seisin over the matter on such terms and conditions as it deems just and proper, subject to the stated conditions (cooperation with investigation; no tampering with prosecution evidence); BLAPL disposed of accordingly.

Why is it important?

Taking into consideration the period of custody since 12.01.2024, the nature of accusation and the quantity of contraband seized, the Court admitted the petitioner on bail. ¶23

What the court decided

AI extract

Outcome

Petitioner to be released on bail by the learned Court in seisin over the matter on such terms and conditions as it deems just and proper, subject to the stated conditions (cooperation with investigation; no tampering with prosecution evidence); BLAPL disposed of accordingly.

Issue for consideration

Whether the petitioner, an accused in an N.D.P.S. Act case (Sections-20(b)(ii) C; 22 kgs. of ganja seized) who has been in custody since 12.01.2024 and whose bail application was rejected by the learned Sessions Judge-cum-Special Judge, Malkangiri, should be enlarged on bail under Section 439 Cr.P.C.

Court's answer

Taking into consideration the period of custody since 12.01.2024, the nature of accusation and the quantity of contraband seized, the Court admitted the petitioner on bail.

Ratio / Principle

Bail granted subject to such terms and conditions as the Court in seisin deems just and proper, including cooperation with investigation and non-tampering with prosecution evidence; non-cooperation in the investigation and/or violation of bail conditions shall entail consideration for cancellation of bail.

Detailed headnote1 paragraphs

Bail — N.D.P.S. Act, Sections-20(b)(ii) C — recovery of 22 kgs. of ganja from OSRTC bus travelling to Andhra Pradesh, bag allegedly beneath the seat occupied by petitioner — petitioner in custody since 12.01.2024 — bail application rejected by learned Sessions Judge-cum-Special Judge, Malkangiri on 27.01.2024 — co-accused Dillip Dash already enlarged on bail in BLAPL No.1122 of 2024 — petition under Section 439 Cr.P.C. — High Court of Orissa admitted petitioner on bail on consideration of period of custody, nature of accusation and quantity of contraband, subject to conditions including cooperation with investigation and non-tampering, failing which cancellation would be considered.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1371 of 2024

(1) Suparna Mandal

…. Petitioner

Mr.

R.L.Pattnaik, Advocate

-versus-

(1) State of Odisha

…. Opp. Party Mr. B.K. Ragada, AGA

CORAM:

JUSTICE SIBO SANKAR MISHRA

Order No.

02.

ORDER

12.04.2024

1 . The petitioner is one of the accused in connection with M.V. 79 P.S. Case No.08 of 2024 corresponding to Special G.R. Case No.05 of 2024 for the offences under Sections-20(b)(ii) C of the N.D.P.S. Act pending in the Court of the learned Sessions Judge-cumSpecial Judge, Malkangiri.

2. The allegation against the petitioner is that on 11.01.2024, the police received information regarding transportation of ganja by OSRTC bus to Andhra Pradesh. The police recovered and seized 22 kgs. of ganja. It is alleged that the contraband articles were seized from the bus in which the petitioner was

Page 1 of 3

travelling. The bag containing the contraband was allegedly beneath the seat in which the petitioner was sitting.

3. The co-accused Dillip Dash has already been enlarged on bail by this Court on 01.03.2024 while allowing BLAPL No.1122 of 2024.

4. The petitioner had approached the learned Sessions Judge-cum-Special Judge, Malkangiri praying for grant of bail. The learned Court below vide its order dated 27.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

5. Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

6. Taking into consideration the period of custody since 12.01.2024, 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 deem just and proper subject to the following conditions:

(i) The petitioner shall cooperate with the investigation in the present case.

(ii) She shall not tamper with the prosecution

Page 2 of 3

evidence in any manner whatsoever and subject to verification of similar types of antecedents of the petitioner.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

7. The BLAPL is accordingly disposed of.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-Apr-2024 19:44:18

Page 3 of 3

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, an accused in an N.D.P.S. Act case (Sections-20(b)(ii) C; 22 kgs. of ganja seized) who has been in custody since 12.01.2024 and whose bail application was rejected by the learned Sessions Judge-cum-Special Judge, Malkangiri, should be enlarged on bail under Section 439 Cr.P.C.¶23
The court held
Taking into consideration the period of custody since 12.01.2024, the nature of accusation and the quantity of contraband seized, the Court admitted the petitioner on bail.ratio¶23

Cases cited

Colour shows how this judgement treated each authority

AI extract

BLAPL No.1122 of 2024Referred¶20

Statutes considered

2 provisions across 2 enactments

AI extract

N.D.P.S. ActSection 20(b)(ii)(C)¶16
Cr.P.C.Section 439¶21

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 27.01.2024 of the learned Court below rejecting the petitioner's bail application.¶21
learned Sessions Judge-cum-Special Judge, Malkangiri · 27.01.2024
Prior proceeding
Petitioner is one of the accused in M.V. 79 P.S. Case No.08 of 2024 corresponding to Special G.R. Case No.05 of 2024, offences under Sections-20(b)(ii) C of the N.D.P.S. Act, pending before the learned Sessions Judge-cum-Special Judge, Malkangiri.¶16
Prior proceeding
Allegation: on 11.01.2024 police received information regarding transportation of ganja by OSRTC bus to Andhra Pradesh; police recovered and seized 22 kgs. of ganja.¶17
Prior proceeding
Contraband alleged to have been seized from the bus in which the petitioner was travelling; the bag containing contraband was allegedly beneath the seat in which the petitioner was sitting.¶19
Prior proceeding
Co-accused Dillip Dash was already enlarged on bail by this Court on 01.03.2024 while allowing BLAPL No.1122 of 2024.¶20
Prior proceeding
Petitioner had sought bail from the learned Sessions Judge-cum-Special Judge, Malkangiri; bail was rejected by order dated 27.01.2024; petitioner then filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.¶21
Prior proceeding
Petitioner in custody since 12.01.2024.¶23

Parties & counsel

AI extract

petitioner
Suparna Mandal¶3
R.L. Pattnaik
respondent
State of Odisha¶8
B.K. Ragada

Coram

AI extract

Sibo Sankar Mishraauthor¶11

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 12 Apr 2024 · April
Registered: 21 Feb 2024
Case no.: BLAPL/1371/2024
CNR: ODHC010097782024
Topic: Bail and Remand
Bench: Sibo Sankar Mishra
Disposal: Disposed Off
Case type: BLAPL

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Cite this judgement

Suparna Mandal v. State of Odisha, BLAPL/1371/2024 (OD), decided on 12 April 2024.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

BLAPL No.1122 of 2024Referred¶20

Open Authorities

Statutes2

N.D.P.S. ActSection 20(b)(ii)(C)
Cr.P.C.Section 439

View all statutes

Procedural history7

Order dated 27.01.2024 of the learned Court below rejecting the petitioner's bail application.learned Sessions Judge-cum-Special Judge, Malkangiri · 27.01.2024
Petitioner is one of the accused in M.V. 79 P.S. Case No.08 of 2024 corresponding to Special G.R. Case No.05 of 2024, offences under Sections-20(b)(ii) C of the N.D.P.S. Act, pending before the learned Sessions Judge-cum-Special Judge, Malkangiri.
Allegation: on 11.01.2024 police received information regarding transportation of ganja by OSRTC bus to Andhra Pradesh; police recovered and seized 22 kgs. of ganja.

View full history

Bench / Coram

Sibo Sankar Mishra

Parties & counsel