Bhagirathi Bhatt Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Bhagirathi Bhatt Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the Petitioner, accused of transporting approximately 2 Kg. 58 grams of brown sugar under Sections 21(c)/29 of the N.D.P.S Act and in custody since 6.6.2022, should be released on bail despite the bar under Section 37(1)(b)(ii) of the N.D.P.S Act urged by the State and the rejection of his earlier bail application.

Court's answer

Considering the nature of accusation vis-à-vis the Petitioner, this Court is not inclined to entertain the bail application.

Ratio / Principle

The Court in seisin of the trial is requested to conclude the trial at an early date, taking into account that the Petitioner is the first offender.

Key takeaways

Learned counsel for the State is to impart necessary instruction to ensure the presence of witnesses on the dates fixed so that the trial can be concluded at an early date.ratio¶27

Detailed headnote1 paragraphs

Bail application (BLAPL) — disposed of. The Petitioner, an accused in T.R No.218 of 2022 before the learned Sessions Judge-cum-Special Judge under NDPS Act, Khurda, arising out of STF P.S. Case No.14 of 2022 for alleged offences under Section 21(c)/29 of the N.D.P.S Act, sought bail on grounds of procrastination of trial, first-offender status and custody since 6.6.2022; the alleged contraband was 2 Kg. 58 grams of brown sugar. His earlier bail application under S.483 BNSS had been rejected by the learned 5th Addl. Sessions Judge, Bhubaneswar by order dated 8.7.2024, and this was his third journey to this Court. The State opposed bail invoking the bar in Section 37(1)(b)(ii) of the N.D.P.S Act, relying on State by the Inspector of Police vs. B. Ramu (Apex Court, SLP(Crl.) No(s).8137 of 2022, dated 12.02.2024). With the trial underway (2 of 18 cited witnesses examined), the Court, considering the nature of accusation vis-à-vis the Petitioner, declined to entertain the bail application and disposed of the BLAPL, requesting the trial court to conclude the trial at an early date in view of the Petitioner being a first offender and directing State counsel to ensure witness presence on fixed dates.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7686 of 2024

Bhagirathi Bhatt

…. Petitioner

Mr. B.B. Choudhury, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

28.08.2024

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

The Petitioner is an accused in connection with T.R No.218 of 2022, pending on the file of learned Sessions Judge-cum-Special Judge under NDPS Act, Khurda, Bhubaneswar arising out of STF P.S. Case No.14 of 2022, for commission of alleged offences under Section 21(c)/29 of the N.D.P.S 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.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned 5^th Addl.

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Sessions Judge, Bhubaneswar by order dated 8.7.2024 in the aforementioned case, the present BLAPL has been filed.

This is the third journey of the Petitioner to this Court. 6. The allegation against the present Petitioner is that he is involved in transportation of contraband to the tune of 2 Kg. 58 grams of brown sugar. 7. Learned counsel for the Petitioner seeks release of the Petitioner, inter alia, on the ground of procrastination of trial and since the Petitioner is stated to be the first offender and is in custody since 6.6.2022.

Learned counsel for the State opposes the prayer for bail and submits that the principle of release in case of pre-trial detention cannot have universal application bereft of the factual matrix of each case. He also relies on the judgment 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 and submits that since prima facie case is made out against the Petitioner and in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act, the Petitioner ought not to be released on bail.

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Admittedly the trial is underway and 2 witnesses out of 18 cited witnesses have already been examined.

Considering the nature of accusation vis-à-vis the Petitioner this Court is not inclined to entertain this bail application.

Learned Court in seisin is requested to conclude the trial at an early date taking into account that the Petitioner is the first offender.

Learned counsel for the State shall impart necessary instruction to ensure the presence of the witnesses on the date fixed so that the trial can be concluded at an early date.

Copy of this order be made over to the learned counsel for the State for compliance.

Registry is called upon to communicate this order to the learned trial court.

The BLAPL is accordingly disposed of.

(V. Narasingh) Judge

PKS

Signature Not Verified

Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 29-Aug-2024 17:26:57

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