Allowed

Dillip Kumar Mohapatra v. State of Odisha

Orissa HC21 Mar 2024BLAPL/480/2024

Case brief

AI extract

What is this about?

High Court granted bail to the petitioner accused under NDPS Act for possession of 560g brown sugar, relying on Tofan Singh and Samarth Kumar to relax the rigors of Section 37, subject to conditions.

What did the court decide?

Bail granted subject to verification of criminal antecedents and monthly appearance at police station.

Dillip Kumar Mohapatra 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. 480 of 2024

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Dillip Kumar Mohapatra …. Petitioner

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Mr. S.K. Bhanjadeo, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

21.03.2024

Order No.

Heard the learned counsel for the Petitioner and learned

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counsel for the State.

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The Petitioner is an accused in connection with T.R. Case No.18 of 2023 pending on the file of learned 1st Addl. Sessins Judge-Cum-Special Judge(NDPS), Khorda, arising out of Khordha Model P.S. Case No.86 of 2023 for commission of offence alleged under Sections-21(c)/29 of the NDPS Act.

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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.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge under NDPS Act, Khurda by order dated 13.11.2023 in the aforementioned case, the present BLAPL has been filed.

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The accusation against the present Petitioner is that he along with the co-accused are possessing the contraband (brown sugar) to the tune of 560 grams.

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Page 1 of 3

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It is stated by the learned cousnel that the date of occurrence is 07.02.2023 and charge sheet was has been filed on 04.08.2023 citing the Petitioner as an absconder and he was taken into custody on 31.08.2023.

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It is submitted by the learned counsel that the Petitioner has been implicated on the basis of co accused statement.

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It is his further submission that one co-accused, namely, Pratap Kumar Mohapatra has since been released on bail by order dated 18.01.2024 by this Court. Hence on the ground of parity, the Petitioner seeks release. It is further stated that the Petitioner is a first offender.

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Learned counsel for the Petitioner draws the attention of this Court to Paragraph-7 of the order dated 18.01.2024 in BLAPL No.13166 of 2023 in respect of one co-accused, namely, Pratap Kumar Mohapatra, which reads as under.

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relies on the statement of Executive Magistrate C.S.W.8, which lends credence to his contention that the contraband was recovered from one Susshama Mallick

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and Jayaprakash Mallick, co-accusd.”

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“xxx xxx xxx”

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Learned counsel for the State opposes the prayer for bail in view of bar contained in Section 37(1)(b)(ii) of the NDPS Act and further submits that cash of Rs.5,70,000/-(Rupees Five Lakhs Seventy Thousand) was recovered from the Petitioner and there is no plausible explanation for the same.

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It is further submitted by the learned counsel for the State that there are materials to indicate that the Petitioner was the

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Page 2 of 3

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actively involved in the transportation of contraband and relying on the recent 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 since charge sheet has already been filed against the Petitioner and his anticipatory bail application was rejected by this Court by order dated 24.07.2023 in ABLAPAL No. 5550 of 2023, opposes the prayer also referring to rigors of Section 37(1)(b)(ii) of NDPS Act.

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Considering the nature of accusation and keeping in view the law laid down by the apex Court in the case of Tofan Singh vrs. State of Tamil Nadu , reported in (2020) 80 OCR (SC) 641 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC)622, this Court directs the Petitioner to be released on bail

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on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent.

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

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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 the conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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