Sudu Khilla Vs State of Odisha

The Petitioner is an accused in connection with Special G.R. Case No.137 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Malkangiri P.S. Case No.309 of 2023 for commission of offence alleged under Sections 20(b)(ii)(C) of the 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 Special Judge, Malkangiri by order dated 30.11.2023 in the aforementioned case, the present BLAPL has been filed.

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This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e. BLAPL No.8819 of 2023 was not entertained by order dated 30.08.2023 since the same

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was during the currency of investigation and the quantity of contraband seized was to the tune of 60 kgs.

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It is stated that since charge sheet has already been filed on 28.11.2023, Petitioner may be released on bail.

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It is submitted by the learned counsel for the Petitioner that the co-accused, namely, Dhanurjaya Khilla and Chaitan Digapuria have since been released on bail by common order dated 15.02.2024 passed by this Court in BLAPL Nos.816 and 820 of 2024 and another co-accused, namely, Debasish Dey @ Debashish Dey has been released on bail by this Court by order dated 31.01.2024 in BLAPL No.13828 of 2023. Hence Petitioner seeks release, inter alia, on the ground of parity.

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It is the further submission of the learned counsel for the Petitioner that considering the independent seizure from the accused persons, this Court had granted bail to the co-accused and the individual seizure ex-facie do not attract the bar contained in Section 37(1)(b)(ii) of the NDPS Act.

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Learned counsel for the State opposes the prayer for bail and submits that there has been joint seizure and it is not permissible to consider the argument of segregation at this stage. He also refers to the twin bar contained in Section 37(1)(b)(ii) of the NDPS Act and also places reliance on the order 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 charge sheet has already been filed, prima facie case is well made out against the present Petitioner. And, it is his further submission that while granting bail to the co-accused the judgment of the Apex was not taken note of.

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It is the submission of the learned counsel for the Petitioner that the Petitioner is aged about 23 years and that he is the first offender.

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Considering the same and keeping in view the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another , reported in 2022 (10) SCC 51 and Mohd. Muslim alias Hussain vs. State (NCT of Delhi) reported in 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.

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Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent , this order shall not be given effect to.

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Accordingly, the BLAPL stands disposed of. 15. Urgent certified copy of this order be granted as per rules.

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Santoshi

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Mar-2024 19:28:22

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Sudu Khilla v. State of Odisha

Case brief

What is this about?

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Sudu Khilla v. State of Odisha

Case brief

What is this about?

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