Disposed

Simadri Seda v. State of Odisha

Orissa HC28 Aug 2024BLAPL/7727/2024

Case brief

AI extract

What is this about?

Bail application by an NDPS accused charged with transporting about 452 kg ganja, whose earlier bail applications had been rejected amid slow trial progress. Considering prolonged pre-trial detention, first-offender status, and Supreme Court precedent on bail under restrictive NDPS provisions, the High Court ordered release on bail subject to verification of criminal antecedents and monthly police

What did the court decide?

Petitioner directed to be released on bail on terms fixed by the trial court, subject to verification of criminal antecedent, plus mandatory monthly appearance before jurisdictional police station til

Simadri Seda 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.7727 of 2024

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Simadri Seda

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Petitioner

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Mr. K.A. Guru, 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. Mohanty, ASC

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CORAM: JUSTICE V. NARASINGH ORDER 28.08.2024

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Order No.

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01.

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

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The Petitioner is an accused in connection with T.R Case No.69 of 2022, pending in the Court of learned Addl. Sessions Judge-cum-Spl. Judge, Koraput, arising out of Semiliguda P.S. Case No.97 of 2022, for commission of alleged offences under Section 20(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.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Addl.

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Page 1 of 3

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Sessions Judge-cum-Special Judge, Koraput by order dated 03.07.2024, the present BLAPL has been filed. 5. This is the third journey of the Petitioner to this Court. 6. The allegation against the present Petitioner is that he along with co-accused are involved in the transportation of contraband (ganja) to the tune of 452 Kg. 700 grams.

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By order dated 1.3.2024 in BLAPL No.14038 of 2023 this Court while not entertaining the bail application of the Petitioner took note of the tardy progress in trial and also the reason stated by the learned trial court that because of the prioritizing the old UTP cases and the cases targeted by this Court there is inadvertent delay in conducting the trial.

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On instruction, learned counsel for the Petitioner submits that after the order dated 1.3.2024 of this Court except one, no other witness has been examined. Hence, on the ground of pre-trial detention, the Petitioner seeks release. 9. It is his further submission that the Petitioner is ordinarily residing within the territorial jurisdiction of the learned Court in seisin and there is no chance his fleeing from justice.

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It is stated on instruction that the Petitioner is the first offender. 11. Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section

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Page 2 of 3

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37(1)(b)(ii) of the NDPS Act and relying 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.

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Taking into account the pre-trial detention of the Petitioner, that the Petitioner is the first offender and keeping in view the judgment of the Apex Court in the case of Mohd. Muslim @ Hussain Vrs. State (NCT of Delhi), AIR 2023 SC 1648, this Court directs the Petitioner to be released on bail 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 a 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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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per the rules.

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN (V. NARASINGH) Reason: Authentication Location: Orissa High Court, Cutt ack Judge Date: 29-Aug-2024 17:26:57 PKS

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Simadri Seda v. State of Odisha

Case brief

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Simadri Seda v. State of Odisha

Case brief

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