Mundas @ Mohandas Lima Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Mundas @ Mohandas Lima Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail granted to Mundas @ Mohandas Lima (BLAPL No.2759 of 2024) on terms to be fixed by the trial court, subject to verification of criminal antecedents, with conditions of weekly appearance before the jurisdictional police station (with certification) and execution of a P.R. bond by a family member; the release order becomes ineffective if criminal antecedents surface. Ajaya Bira's BLAPL No.2778 of 2024 permitted to be withdrawn with liberty to renew the bail prayer before the trial court, to be considered independently.

Issue for consideration

Whether the Petitioner Mundas @ Mohandas Lima, whose basis of implication is admittedly a co-accused statement, should be released on bail in connection with Garabandha P.S. Case No.54 of 2022 notwithstanding the opposition of the State invoking the bar under Section 37(1)(b)(ii) of the NDPS Act. +1 more

Court's answer

On the admitted basis that the implication of the Petitioner rests on a co-accused statement, the Court directed release of Mundas @ Mohandas Lima on bail on terms to be fixed by the trial court, subject to verification of criminal antecedents.

Ratio / Principle

The order releasing Mundas @ Mohandas Lima shall not be given effect to if it transpires that he has any criminal antecedent.

Key takeaways

As an additional bail condition, Mundas @ Mohandas Lima shall appear before the jurisdictional police station once a week on date and time fixed by the trial court, with certification of such appearance to be submitted to the trial court.ratio¶36
In addition to the sureties fixed, one family member of Mundas @ Mohandas Lima shall execute a P.R. bond.ratio¶37
Leave was granted to Ajaya Bira to withdraw BLAPL No.2778 of 2024 with liberty to renew the bail prayer before the trial court; upon filing of such application with relevant documents, the trial court shall take it into account independently, without being prejudiced by the earlier rejection or the order of this Court.

Detailed headnote1 paragraphs

High Court of Orissa (V. Narasingh, J.), common order dated 16.04.2024 disposing of two bail applications — BLAPL No.2759 of 2024 (Mundas @ Mohandas Lima) and BLAPL No.2778 of 2024 (Ajaya Bira) — arising out of Garabandha P.S. Case No.54 of 2022 (Special G.R. Case No.72(A) of 2022, Sessions Judge-cum-Special Judge, Gajapati) for alleged offences under Sections 20(b)(ii)(C)/25/29 NDPS Act, following seizure of 445 Kgs 500 gms of ganja on 27.06.2022 from a Tata Pick up vehicle; charge sheet filed 16.12.2022 citing Mundas @ Mohandas Lima as absconder. Finding the basis of implication to be admittedly a co-accused statement, the Court directed release of Mundas @ Mohandas Lima on bail on terms to be fixed by the trial court, subject to verification of criminal antecedents, with additional directions: weekly appearance before the jurisdictional police station with certification to the trial court, and execution of a P.R. bond by one family member in addition to sureties; the release order shall not be given effect to if any criminal antecedent is found. Ajaya Bira, on his third visit to this Court (earlier BLAPL No.2123 of 2023 withdrawn on 10.03.2023; BLAPL No.7012 of 2023 rejected on 05.09.2023), was permitted to withdraw his application with liberty to renew before the trial court owing to his wife's ailment; the trial court was directed to consider any fresh application independently, without prejudice to the earlier rejection or this Court's order. Counsel for the Petitioners invoked Tofan Singh vrs. State of Tamil Nadu, (2021) 4 SCC 1, and the State of Haryana vrs. Samarth Kumar, 2022 Live Law (SC) 622; the State opposed bail invoking Section 37(1)(b)(ii) NDPS Act and the Apex Court order in State by the Inspector of Police vs. B. Ramu, SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024.