Siti Khila Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Siti Khila Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether bail should be entertained at this stage for the Petitioners, accused under Section 20(b)(ii)(C)/25 of the NDPS Act in G.R. Case No.141 of 2022, notwithstanding the statutory bar of Section 37(1)(b)(ii) NDPS Act and the state of the trial.

Court's answer

On perusal of the order of rejection, eight out of twenty witnesses have already been examined and they have supported the prosecution.

Ratio / Principle

Taking note of the trial progress, and in view of the bar under Section 37(1)(b)(ii) of the NDPS Act together with the dictum of the Apex Court in State of Madhya Pradesh Vs. Kajad ((2001) 7 SCC 673), which still holds the field, this Court is not inclined to entertain the bail application at this stage.

Key takeaways

Since the Petitioners are stated to be first offenders and in custody from 10.09.2022, the Trial Court is requested to expedite the trial.obiter¶32

Detailed headnote1 paragraphs

Orissa High Court (Justice V. Narasingh, sole signatory), common order dated 28.08.2024 disposing of BLAPL No.7626 of 2024 (Siti Khila) and BLAPL No.7649 of 2024 (Basudev Jala), heard together as both arise out of Chitrokonda P.S. Case No. 114 of 2022. Petitioners are accused in G.R. Case No.141 of 2022 before the Sessions Judge-cum-Special Judge, Malkangiri, for alleged offences under Section 20(b)(ii)(C)/25 of NDPS Act, in custody since 10.09.2022 on the allegation of transporting contraband (Ganja) to the tune of 683 kg 300 grams. Present applications follow rejection of their bail requests U/s.482 BNSS by the Special Judge, Malkangiri (I/c) on 03.07.2024. Siti Khila's earlier applications (BLAPL No.3279 of 2023, disposed withdrawn 31.01.2024; BLAPL No.3174 of 2024, disposed withdrawn 14.05.2024) make this her third journey; Basudev Jala's earlier applications (BLAPL No.4835 of 2023, rejected 04.05.2023 during investigation; BLAPL No.8044 of 2023, rejected 21.11.2023; BLAPL No.3068 of 2024, disposed withdrawn 13.05.2024) make this his fourth journey. With eight of twenty witnesses already examined and supporting the prosecution, and bound by the bar under Section 37(1)(b)(ii) of the NDPS Act and the dictum of the Apex Court in State of Madhya Pradesh Vs. Kajad reported in (2001) 7 SCC 673, which still holds the field, the Court was not inclined to entertain the bail applications at this stage; being stated first offenders, the Trial Court was requested to expedite the trial.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7626 of 2024

Siti Khila

Petitioner

Mr. P.K. Das, Advocate

-versus-

State of Orissa

…. Opposite Party

Mr. P.K. Maharaj, A.S.C.

BLAPL No.7649 of 2024

Basudev Jala

Petitioner

Mr. P.K. Das, Advocate

-versus-

State of Orissa

…. Opposite Party

Mr. P.K. Maharaj, A.S.C.

CORAM: JUSTICE V. NARASINGH ORDER

28.08.2024

Order No.

01. 1. Since both the matters arise out of Chitrokonda P.S. Case No.114 of 2022, they are heard together and disposed of by this common order on the consent of the parties.

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

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The Petitioners are accused in connection with G.R. Case No.141 of 2022, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrokonda P.S. Case No. 114 of 2022 , for commission of alleged offences under Section 20(b)(ii)(C)/25 of NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioners relating to the aforementioned P.S. Case is pending in any other Court. 5. Being aggrieved by the rejection of their applications for bail U/s.482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Special Judge, Malkangiri (I/c) by order dated 03.07.2024, the present BLAPLs have been filed.

This is the third journey of the Petitioner (Siti Khila) in BLAPL No.7626 of 2024 to this Court. Earlier the bail application of the Petitioner (Siti Khila) was disposed of by order dated 31.01.2024 by this Court in BLAPL No.3279 of 2023 as withdrawn. Thereafter the Petitioner moved this Court in BLAPL No.3174 of 2024. Which was disposed of by order dated 14.05.2024 as withdrawn.

This is the fourth journey of the Petitioner (Basudev Jala) in BLAPL No.7649 of 2024 to this Court. Earlier the bail application of the Petitioner (Basudev Jala) was rejected by order dated

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04.05.2023 by this Court in BLAPL No.4835 of 2023 since the same was during the currency of investigation. Thereafter the Petitioner moved this Court in BLAPL No.8044 of 2023, which was rejected by order dated 21.11.2023. Again, thereafter, the Petitioner moved this Court in BLAPL No.3068 of 2024, which was disposed of by order dated 13.05.2024 as withdrawn.

It is submitted by the learned counsel that the Petitioners are in custody since 10.09.2022 on the allegation that they along with other accused were transporting of contraband (Ganja) to the tune of 683 kg 300 grams.

Perused the order of rejection indicating that eight out of twenty witnesses have already been examined and they have supported the prosecution. 10. Taking note of the same, in view of the bar under Section 37(1)(b)(ii) of the NDPS Act and the dictum of the Apex Court in the case of of State of Madhya Pradesh Vs. Kajad reported in (2001) 7 SCC 673 which still holds the field, this Court is not inclined to entertain the bail application at this stage.

Since the Petitioners, are stated to be the first offenders and in custody from 10.09.2022, the Trial Court is requested to expedite the trial.

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12. Accordingly, the BLAPLs stands disposed of.

(V. NARASINGH) Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 29-Aug-2024 15:33:23

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