Partly allowed¶24

Sapura @ Sapira Pangi v. State of Odisha

BLAPL – Bail application

Orissa HC6 May 2024BLAPL/7701/2022

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Case brief

AI extract

What is this about?

Orissa High Court at Cuttack; BLAPL No.7701 of 2022; Justice Sashikanta Mishra; interim bail for three months; regular bail refused; prolonged detention without commencement of trial; pre-trial punishment contention by counsel; contraband ganja; N.D.P.S Act Section 20(b)(ii)(c); Arms Act Section 25; I.P.C. Sections 147/148/323/353/506/149; Mathili P.S. Case No.103/2022; G.R. Case No.84/2022; Sessions Judge-cum-Special Judge, Malkangiri; custody since 16.5.2022; surrender condition; warrant on failure to surrender.

What did the court decide?

Regular bail refused, but Petitioners directed to be released on interim bail for three months from actual release on terms fixed by the Court below, subject to surrender on expiry of the period. ¶24

Sapura @ Sapira Pangi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Regular bail refused, but Petitioners directed to be released on interim bail for three months from actual release on terms fixed by the Court below, subject to surrender on expiry of the period.

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Issue for consideration

Whether bail should be granted to the Petitioners, who allege offences under Sections 147/148/323/353/506/149 IPC, Section 20(b)(ii)(c) NDPS Act and Section 25 Arms Act, and who have been in custody for 2 years without commencement of trial.

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Court's answer

Regular bail was declined, the Court looking at the huge quantity of contraband seized from the possession of the Petitioners.

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Ratio / Principle

Taking into account that the Petitioners have been in custody for 2 years without commencement of trial, the Court disposed of the bail application by directing the Court below to release them on interim bail for three months from the date of their actual release, on terms and conditions to be fixed by the Court below.

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Key takeaways

On expiry of the three-month period, the Petitioners must surrender before the Court below, failing which an appropriate warrant may be issued for their production.ratio¶28

Detailed headnote1 paragraphs

BLAPL – Bail application – Offences under Sections 147/148/323/353/506/149 I.P.C. read with Section 20(b)(ii)(c) N.D.P.S Act read with Section 25 Arms Act – Mathili P.S. Case No.103/2022 / G.R. Case No.84/2022 before Sessions Judge-cum-Special Judge, Malkangiri – Petitioners in custody since 16.5.2022 – Alleged detection of persons carrying contraband ganja in a chain; counsel submitted no clear-cut proof of seizure from Petitioners' possession – Regular bail declined in view of huge quantity of contraband said to be seized from Petitioners' possession – However, noting custody of 2 years without commencement of trial, Court directed release on interim bail for three months from actual release on terms fixed by the Court below, including condition not to misuse liberty – Surrender required on expiry of three months, failing which warrant for production may issue.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.7701 of 2022

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Sapura @ Sapira Pangi and others

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..... Petitioners

Represented By Adv.

–Mr.S.K.Sahu

-versus-

State Of Odisha

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..... Opposite Parties

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Represented By A.S.C.

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CORAM:

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JUSTICE SASHIKANTA MISHRA

ORDER

Order No.

06.5.2024.

This matter is taken up through hybrid mode.

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The Petitioners have filed Vakalatnamas in favour of Mr. Subrat Kumar Sahu, Advocate. All the Petitioners have submitted prisoners petitions duly countersigned by the Senior Superintendent, Circle Jail, Koraput, indicating that they desire to engage Mr. Sahu as their counsel. As such, the Vakalalatnamas be kept on record. The name of Mr. S.K.Sahu be reflected in the cause list.

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Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

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Page 1 of 2

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// 2 //

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The Petitioners are in custody since 16.5.2022 in connection with Mathili P.S. Case No.103/2022 corresponding to G.R. Case No.84/2022 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri, for the alleged commission of the offence under Sections 147/148/323/353/506/149 of I.P.C. read with Section 20(b)(ii)(c) of the N.D.P.S Act read with Section 25 of the Arms Act.

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It is alleged by the prosecution that several persons were detected while carrying contraband ganja near a jungle. They were walking one after the other forming a chain with suspicious looking packets hanging from sides from a wooden stick. Eight persons were apprehended including the present Petitioners while others manage to flee. It is submitted that there is no clear-cut proof regarding seizure of the contraband from the possession of the Petitioners. Learned counsel for the Petitioners submits that despite being in custody for two years, trial has not commenced as yet, which amounts to pre-trial punishment.

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Looking at the huge quantity of contraband seized from the possession of the Petitioners, while not being inclined to consider grant of regular bail, this Court however, taking note of the fact the Petitioners have been in custody for 2 years without commencement of trial, deems it proper to dispose of the bail application by directing the Court below to release

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Page 2 of 3

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// 3 //

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them on interim bail for a period of three months from the date of their actual release on such terms and conditions as may be fixed by the Court below including the condition that they shall not misuse the liberty granted to them.

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After expiry of the aforesaid period of three months, the Petitioners shall surrender before the Court below, failing which appropriate warrant may be issued for their production.

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Urgent certified copy of this order be granted on proper application.

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(Sashikanta Mishra) AKB Judge

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Signature Not Verified

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Digitally Signed Signed by: ASHOK KUMAR BEHERA Designation: Addl. Deputy Registrar-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-May-2024 10:56:13

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Sapura @ Sapira Pangi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sapura @ Sapira Pangi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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