Allowed

Dibakar Biswal v. State of Odisha

Orissa HC29 Aug 2024BLAPL/5597/2024

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner accused of narcotics possession under the NDPS Act. The court directed release on terms fixed by the lower court, conditioning it on the verification of criminal antecedents and mandating regular police appearances.

What did the court decide?

Petitioner directed to be released on bail on terms fixed by the court in seisin, subject to verification of antecedents and twice-weekly police appearances.

Dibakar Biswal 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.5597 of 2024

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Dibakar Biswal

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Petitioner

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Mr. J.K. Panda, Advocate

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-versus-

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State of Orissa

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH ORDER

29.08.2024

Order No.

01.

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

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The Petitioner is an accused in connection with 2(a)CC No.83 of 2023 pending on the file of learned 2^nd Addl. Sessions Judge-Cum-Special Jude, Cuttack, arising out of P.R. Case No.65 of 2022-23 for commission of offence alleged under Sections20(b)(ii)(C) of 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 2^nd Addl. District & Sessions Judge, Cuttack by order

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dated 17.05.2024 in the aforementioned case, the present BLAPL has been filed.

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This is the fourth journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by order dated 18.07.2023 by this Court in BLAPL No.5841 of 2023 since the motion was during currency of investigation. Thereafter, the Petitioner had moved in BLAPL No.11859 of 2023 and BLAPL No.846 of 2024 which were rejected by orders dated 30.10.2023 and 16.02.2024 respectively. 6. It is submitted by the learned counsel that the Petitioner is in custody since 01.05.2023 on the accusation of possessing contraband (ganja) to the tune of 100 kgs. 7. It is further submitted by the learned counsel that the co-accused (Sridhar Swain) has since been released on bail by order dated 26.07.2024 by this Court in BLAPL No.2419 of 2024. Hence on the ground of parity, the Petitioner seeks release. 8. Learned counsel for the State opposes such prayer and submits that the Petitioner is ex facie not similarly circumstanced since he has criminal antecedents and, hence, on the ground of nonprogress of trial, the Petitioner ought not to be released on bail. He also relies on the dictum of the Apex Court in the case of State by the Inspector of

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Police vs. B. Ramu in SLP (Crl.) No(s).8137 of 2022 dated 12.02.2024.

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Per contra, the learned counsel for the Petitioner submits with reference to the affidavit regarding criminal antecedent that the Petitioner was cited as an accused in Banki P.S. Case Nos.105 of 2014 and 65 of 2019 and since they are year old cases and not under the Special Act that may not deter the Court to consider the bail application on the ground of procrastination of trial as was done in the case of the co-accused.

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It is his further submissions that right to speedy trial under Article 21 of Constitution of India in view the latest judgment of the Apex Court in the case of Prem Prakash vrs. Union of India Through The Directorate of Enforcement, 2024 INSC 637 ( in SLP (Crl.) No.5416/2024) must be read into Section 37(1)(b)(ii) of the NDPS Act.

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Taking into account the period in custody and non-progress in trial, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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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 conclusion of trial.

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

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Before releasing, learned Court in seisin shall verify as to whether apart from two cases as noted hereinabove the Petitioner is involved in any other case.

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If the submission on behalf of the Petitioner regarding the criminal proclivity, as noted above is found to be incorrect, this order shall not be given effect to.

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