Allowed

D. Selvumurugan v. State of Odisha

Orissa HC15 Apr 2024BLAPL/1797/2024

Case brief

AI extract

What is this about?

The High Court of Orissa directed the release of the petitioners (accused under the N.D.P.S Act) on bail, considering them first offenders facing trial delays, allowing family bonds and periodic police appearances as conditions.

What did the court decide?

Petitioners were directed to be released on bail with special conditions including a family P.R bond and periodic personal appearance before the police station.

D. Selvumurugan 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.1797 of 2024

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D. Selvumurugan & another

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…. Petitioners

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Mr. S.K. Dash, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. S. Pattnaik, AGA

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CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

15.04.2024

Heard learned counsel for the Petitioners and learned counsel for the State.

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The Petitioners are accused in connection with T.R. Case No.150 of 2022, pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Gunupur arising out of Padampur P.S. Case No.144 of 2022, for commission of alleged offences under Section 20(b)(ii)(C)/29 of the N.D.P.S Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cumSpecial Judge, Gunupur by order dated 09.01.2024 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that earlier bail application of the Petitioners in BLAPL No.7568 of 2023 was taken

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Page 1 of 3

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up along with the co-accused in other bail applications i.e. BLAPL Nos.7577 of 2023, 7967 of 2023 and 7700 of 2023.

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It is stated that the application of the Petitioner and the coaccused in BLAPL No.7568 of 2023 was rejected taking into account that the Petitioners are the occupants of Ashok Leyland Truck from which the contraband (ganja) to the tune of 110 Kg. was seized.

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It is further submitted that there is no progress in trial and the Petitioners are in custody since 22.12.2022.

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On instruction, learned counsel for the Petitioners submits that since the Petitioners are the first offenders, they 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 in Section 37(1)(b)(ii) of the N.D.P.S Act and also relies on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024.

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It is the further submission of the learned counsel for the State that since the Petitioners are flight risk, merely because of procrastination of trial, they ought not to be released on bail keeping in view the quantity of contraband seized.

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Perused the report submitted by the learned Court in seisin indicating that out of 17 cited witnesses, 3 have been examined.

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Taking into account the tardy progress in trial and the Petitioners are in custody for more than a year and four months and stated to be the first offenders, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

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Page 2 of 3

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To allay the apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioners during trial since they do not belong to the State of Odisha, additionally it is directed that one of the family members of the Petitioners shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and their criminal antecedent from their parents police station shall also be called for.

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If it comes to fore that the Petitioners have any criminal antecedent , this order shall not be given effect to.

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Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every two months 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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The BLAPL thus stands disposed of.

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Urgent certified copy of this order be granted as per rules.

(V. NARASINGH)

Judge

PKS

Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Apr-2024 15:41:42

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D. Selvumurugan v. State of Odisha

Case brief

What is this about?

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D. Selvumurugan v. State of Odisha

Case brief

What is this about?

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