Om Prakas Pasi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Om Prakas Pasi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on terms to be fixed by the learned trial Court, subject to: (i) execution of a P.R bond by one family member in addition to sureties; (ii) call for criminal antecedents from P.S.-Dinara, Dist. Rohatas, Bihar, the order being ineffective if any criminal antecedents surface; and (iii) monthly appearance before the jurisdictional police station till conclusion of trial.

Issue for consideration

Whether the Petitioner, an accused under Sections 20(b)(ii)(C) of the NDPS Act (Jeypore (Sadar) P.S. Case No.211 of 2021 / T.R. Case No.75 of 2021) in custody since 31.08.2021, is entitled to release on bail despite the bar under Section 37(1)(b)(ii) of the NDPS Act, on the grounds of procrastination of trial, resiling of independent witnesses, status as first offender, and parity with the released co-accused.

Court's answer

As noted in this Court's earlier order dated 16.02.2024 (releasing the co-accused), P.Ws 1 to 3, who are the independent witnesses, have resiled.

Ratio / Principle

On close scrutiny of the evidence, P.W.1 was examined on 20.02.2023, P.W.2 on 14.03.2023 and P.W.3 on 27.03.2023.

Key takeaways

Taking into account the pre-trial detention of the Petitioner from 31.08.2021 for almost 3 years, as noted while releasing the co-accused, this Court directed the Petitioner to be released on bail on such terms to be fixed by the learned trial Court in seisin.ratio¶25
To allay the Public Prosecutor's apprehension regarding the Petitioner's presence during trial (he does not belong to the State of Odisha), one of the Petitioner's family members shall execute the P.R bond in addition to the sureties imposed by the trial Court.ratio¶25

Detailed headnote1 paragraphs

Bail — NDPS Act — Ss. 20(b)(ii)(C) and 37(1)(b)(ii) — Accused in custody since 31.08.2021 (almost 3 years) in case of alleged transportation of 1045 Kgs of ganja — Trial procrastinated; independent witnesses P.Ws 1 to 3 resiled (depositions Feb.–Mar. 2023) — Parity: co-accused Pramod Rai already released by this Court in BLAPL No.10644 of 2023 — Held: taking into account pre-trial detention of almost 3 years, Petitioner directed to be released on bail on terms to be fixed by the trial Court — Conditions: (i) P.R bond by a family member in addition to sureties, since Petitioner does not belong to Odisha; (ii) criminal antecedents from P.S.-Dinara, Dist. Rohatas, Bihar to be called for, and the order shall not be given effect if any antecedents surface; (iii) monthly appearance before jurisdictional police station till conclusion of trial — BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3049 of 2024

Om Prakas Pasi

Petitioner

Mr. R.R. Pattanaik, Advocate

-versus-

State of Orissa

…. Opposite Party

Mr. S.K Nayak, AGA

CORAM: JUSTICE V. NARASINGH ORDER

02.08.2024

Order No.

04.

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

The Petitioner is an accused in connection with T.R. Case No.75 of 2021 pending on the file of learned Addl. Sessions Judge-Cum-Special Judge, Jeypore, arising out of Jeypore (Sadar) P.S. Case No.211 of 2021 for commission of offence alleged under Sections-20(b)(ii)(C) of NDPS Act.

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

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Spl. Judge, Jeypore,I/c by

Page 1 of 4

order dated 25.08.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 31.08.2021 on the accusation that he along with the co-accused are involved in the transportation of contraband (ganja) to the tune of 1045 Kgs.

Learned counsel for the Petitioner primarily seeks release on the ground of procrastination of trial and stated that the Petitioner is the first offender. 7. It is his further submitted by the learned counsel that one of the co-accused (Pramod Rai) has been released on bail by order dated 16.02.2024 by this Court in BLAPL No.10644 of 2023. Hence, further continuance of the Petitioner in custody is unwarranted.

Learned counsel for the State opposes the prayer for bail keeping in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act and placing reliance 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 . 9. On perusal of the order dated 16.02.2024 adverted to hereinabove, it is seen that this Court had taken note of the deposition of P.Ws 1 to 3, who are the independent witnesses and have resiled.

Page 2 of 4

Referring to the same and relying on the latest judgment of the Apex Court in the case of Ankur Chaudhary vs. State of Madhya Pradesh in SLP(Crl.) No.4648 of 2024 dated 28.05.2024, learned counsel for the Petitioner seeks release. 11. On close scrutiny of the evidence, it is seen that P.W.1 was examined on 20.02.2023, P.W.2 on 14.03.2023 and P.W.3 was on 27.03.2023.

Taking into account the pre trial detention from 31.08.2021 for almost 3 years as has been noted while releasing the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 13. To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of Petitioner during trial, since he does not belong to the State of Odisha, it is further directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedents from P.S.-Dinara, Dist.Rohatas, State-Bihar shall also be called for.

If it comes to fore that the Petitioner has criminal antecedents of any nature, this order shall not be given effect to.

Page 3 of 4

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month 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.

Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 03-Aug-2024 12:50:36

Page 4 of 4