Deba Oram Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Deba Oram Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail granted to the Petitioner on terms to be fixed by the learned Court in seisin, subject to the additional condition of twice-weekly appearance before the jurisdictional police station until submission of the final form; BLAPL disposed of accordingly.

Issue for consideration

Whether the Petitioner, an accused under Sections 21(C)/29 of the NDPS Act for possession of Codeine Phosphate exceeding commercial quantity, is entitled to bail notwithstanding the bar contained in Section 37(1)(b)(ii) of the NDPS Act, considering the manner of accusation and the release of co-accused.

Court's answer

Taking into account the manner of accusation and the release of the co-accused, this Court directed the Petitioner to be released on bail on terms to be fixed by the learned Court in seisin.

Ratio / Principle

As an additional condition of bail, the Petitioner shall appear before the jurisdictional police station twice every week on dates and times fixed by the learned Court in seisin till submission of the final form, with certification of such appearance to be submitted to the Court in seisin.

Detailed headnote1 paragraphs

Bail — NDPS Act, Sections 21(C)/29 — Accused in custody since 25.03.2024 for possession of 10,800 bottles of WINCEREX Cough Syrup (100 ml each) allegedly containing 2.160 kgs of Codeine Phosphate, i.e., more than commercial quantity, attracting the bar under Section 37(1)(b)(ii) NDPS Act — Implication attributed to co-accused statement — Taking into account the manner of accusation and release of co-accused by the High Court in related BLAPLs, bail granted on terms to be fixed by the Court in seisin — Additional direction: accused to appear before jurisdictional police station twice every week till submission of final form, with appearance certification to the Court in seisin — Bail application under Section 439 Cr.P.C. rejected by the Sessions Judge-cum-Judge (Special Court), Sambalpur on 19.04.2024.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4531 of 2024

Deba Oram

Petitioner

Mr. D.P. Mishra, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. P.K. Mohanty, ASC

CORAM: JUSTICE V. NARASINGH

ORDER 16.08.2024

Order No.

02.

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

The Petitioner is an accused in connection with T.R. Case No.43 of 2024 pending on the file of learned Sessions Judge, Sambalpur, arising out of Sadar P.S. Case No.78 of 2024 for commission of offence alleged under Sections 21(C)/29 of the 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

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Sessions Judge-cum-Judge (Special Court), Sambalpur by order dated 19.04.2024 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 25.03.2024 on the accusation of possessing 10,800 bottles of WINCEREX Cough Syrup bottles (each Jari packet containing 240 bottles of WINCEREX Cough Syrup) having 100 ml each containing Codeine Phosphate is 2.160 kgs.

It is the further submission of learned counsel that the implication of the Petitioner is on account of co-accused statement. Hence taking into account the substantial progress in investigation and the release of the co-accused by this Court by order dated 28.05.2024 in BLAPL Nos.5154 of 2024, 5172 of 2024 and by order dated 28.06.2024 in BLAPL No.6253 of 2024 and order dated 10.07.2024 in BLAPL Nos.3987, 4178, 4343 & 4479 of 2024 and order dated 26.07.2024 in BLAPL No.6055 of 2024 respectively, the Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act since Codeine Phosphate is more than the commercial quantity.

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Taking into account the manner of accusation and release of 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.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till submission of final form. 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 rules.

(V. NARASINGH)

Ayesha

Judge

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Aug-2024 20:28:55

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