Gita Rout Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Gita Rout Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release of both Petitioners on bail on terms to be fixed by the learned Court in seisin; conditional reporting imposed — monthly appearance before the Court in seisin for Gita Rout and weekly appearance before the jurisdictional police station (with certification to the Court in seisin) for Sk. Noor Udhhin, till conclusion of trial.

Issue for consideration

Whether the Petitioners — accused under Sections 20(b)(ii)C & 29 of the NDPS Act arising out of Dhauli P.S. Case No.106 of 2023, taken into custody on the basis of a co-accused's statement and having cited criminal antecedents — are entitled to be released on bail after filing of the charge sheet, notwithstanding the stringent provisions of the NDPS Act invoked by the State. +1 more

Court's answer

Both Petitioners are directed to be released on bail on terms to be fixed by the learned Court in seisin, the Court taking into account that the accusation is on account of the co-accused statement, relying on Tofan Singh vrs. State of Tamil Nadu, (2021) 4 SCC 1, and the release of the co-accused (Jayanti Dash).

Ratio / Principle

Gita Rout (BLAPL No.901 of 2024) shall appear once a month before the learned Court in seisin till conclusion of trial, the Court directing that regard be had to the fact that the Petitioner is a lady.

Key takeaways

Sk. Noor Udhhin (BLAPL No.888 of 2024) shall appear before the jurisdictional police station once every week till conclusion of trial, with certification of such appearance submitted to the Court in seisin.ratio¶37

Detailed headnote1 paragraphs

NDPS Act – Bail – BLAPL Nos. 901 & 888 of 2024 (common order, High Court of Orissa at Cuttack, Justice V. Narasingh, 26.02.2024): Petitioners Gita Rout and Sk. Noor Udhhin, accused in T.R. Case No.335 of 2023 (District & Sessions Judge, Bhubaneswar / 2nd Addl. Sessions Judge, Bhubaneswar) arising out of Dhauli P.S. Case No.106 of 2023 for offences under Sections 20(b)(ii)C & 29 of the NDPS Act (occurrence 22.06.2023; 59 kg 100 grams ganja seized from three accused nabbed on the spot; Petitioners taken into custody on 04.07.2023 and 25.07.2023 on the basis of a co-accused's statement), whose bail applications under S.439 Cr.P.C. were rejected by the Sessions Judge (K), Bhubaneswar (20.12.2023) and the 2nd Addl. S.J., BBSR (17.01.2024), granted bail after the charge sheet filed on 17.12.2023 — the Court taking into account that the accusation is on account of the co-accused statement, relying on Tofan Singh vrs. State of Tamil Nadu, (2021) 4 SCC 1, and the release of co-accused Jayanti Dash (BLAPL No.14661 of 2023, order dated 15.02.2024), notwithstanding criminal antecedents; conditions imposed: Gita Rout to appear once a month before the learned Court in seisin till conclusion of trial (the Court to be alive to her being a lady); Sk. Noor Udhhin to appear before the jurisdictional police station once every week till conclusion of trial, with certification of appearance to the Court in seisin.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 901 of 2024

Gita Rout ….

Petitioner

Mr. S.K. Lenka, Advocate

-versus-

…. State of Odisha

Opposite Party

Mr. H.K. Panigrahi, ASC

BLAPL No. 888 of 2024

Order No.

Sk. Noor Udhhin …. Petitioner
Mr. C. Samantaray, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. H.K. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
26.02.2024

1. Since both the BLAPLs relate to the same P.S. (Dhauli P.S. Case No.106 of 2023), on the consent of the learned counsel for the Petitioners as well as State, they are taken up together and are disposed of by this common order.

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

The Petitioners are accused in connection with T.R. Case No.335 of 2023, pending on the file of the learned District & Sessions Judge, Bhubaneswar and learned 2^nd Addl. Sessions Judge, Bhubaneswar respectively, arising out of Dhauli P.S. Case No.106 of

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2023 for alleged commission of offences under Sections 20(b)(ii)C & 29 of the NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail applications of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of their applications for bail U/s.439 Cr.P.C. by the learned Sessions Judge (K), Bhubaneswar and learned 2^nd Addl. S.J. BBSR by order dated 20.12.2023 and 17.01.2024 respectively in the aforementioned cases, the present BLAPLs have been filed.

It is stated that the Petitioner (Gita Rout) in BLAPL No.901 of 2024 was before this Court in BLAPL No.8106 of 2023 and the same was not entertained since such application was filed during currency of investigation.

On instruction, it is submitted by learned counsel for the Petitioner (Sk. Noor Udhhin) in BLAPL No.888 of 2024 that this is the first bail application.

It is submitted by the learned counsel for the Petitioners that the occurrence took place on 22.06.2023 and the contraband (ganja) to the tune of 59 kg 100 grams was seized from the three of the accused persons, namely, Nirakar Swain, Chandan Pradhan and Kamil Kanhar who were nabbed on the spot.

It is stated that on the basis of the statement of the coaccused, the Petitioner (Gita Rout) in BLAPL No.901 of 2024 was taken into custody on 04.07.2023 and the Petitioner (Sk. Noor Udhhin) in BLAPL No.888 of 2024 was taken into custody on 25.07.2023.

It is submitted that since charge sheet has already been filed on 17.12.2023, Petitioners may be released on bail.

Learned counsel for the State opposes the prayer for bail and submits that both the Petitioners have criminal antecedents.

Page 2 of 4

It is stated that Petitioner (Gita Rout) in BLAPL No.901 of 2024 is involved in Air field P.S. Case No.144 of 2021 U/s.380 IPC.

So far as Petitioner (Sk. Noor Udhhin) in BLAPL No.888 of 2024 is concerned, it is stated by the learned counsel for the Petitioner that he is involved in Sahid Nagar P.S. Case No.315 of 2021, corresponding to T.R. No.349 of 2021 U/s.21(c) and 29 of the NDPS Act pending in the Court of learned 5^th Addl. District & Sessions Judge, Bhubaneswar and Tamando P.S. Case No.86 of 2021, corresponding to C.T. No.2137 of 2021 U/s.380 of IPC.

Affidavit filed by the learned counsel at the behest of the Petitioner (Sk. Noor Udhhin) in BLAPL No.888 of 2024 indicating the criminal antecedent is taken on record.

It is submitted by the learned counsel for the State that Petitioner (Sk. Noor Udhhin) in BLAPL No.888 of 2024 has another criminal antecedent i.e. Khandagiri P.S. Case No.423 of 2012 inter alia U/s.302/363/366/506/34 of IPC.

It is submitted by the learned counsel for the Petitioner (Sk. Noor Udhhin) in BLAPL No.888 of 2024 that the Petitioner has since been acquitted in the said case i.e. Khandagiri P.S. Case No.423 of 2012.

It is the further submission of the learned counsel for the Petitioners that the co-accused, namely, Jayanti Dash has since been released on bail by this Court by order dated 15.02.2024 in BLAPL No.14661 of 2023 and draws the attention of this Court to the paragraph-8 of the said order in which the stand of the learned public prosecutor is noted. For convenience of ready reference the same is extracted hereunder;

“8. Learned counsel for the State opposes the prayer for bail and referring to the statement of one co-accused, namely, Kamil Kanhar at whose behest a note book has been seized and in which the name of the Petitioner along with other accused persons are mentioned. Learned

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counsel for the State submits that in view of the stringent provision under Section 37(1)(b)(ii) of the NDPS Act, the Petitioner is not entitled to be released on bail.”

Taking into account that the accusation is on account of the co-accused statement and relying on the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2021) 4 SCC 1 and release of the co-accused, as noted, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

Keeping in view the criminal proclivity of the Petitioners, it is directed that Petitioner (Gita Rout) in BLAPL No.901 of 2024 shall appear once a month on such date and time to be fixed by the learned court in seisin till conclusion of trial. While directing for such appearance, the learned Court in seisin shall be alive to the fact that the Petitioner is a lady. And, Petitioner (Sk. Noor Udhhin) in BLAPL No.888 of 2024 shall appear before the jurisdictional police station once every week 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.

Accordingly, both the BLAPLs stand disposed of.

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

(V. NARASINGH) Judge

Santoshi

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 27-Feb-2024 15:57:05

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Procedural history

How this case reached the court

AI extract

Order under challenge
Rejection of the Petitioners' applications for bail under Section 439 Cr.P.C. in their respective T.R. cases.¶19
learned Sessions Judge (K), Bhubaneswar and learned 2nd Addl. S.J., BBSR · 20.12.2023 and 17.01.2024 respectively
Prior proceeding
Both BLAPLs relate to the same police-station case (Dhauli P.S. Case No.106 of 2023) and, on consent of counsel for the Petitioners and the State, were taken up together and disposed of by this common order.¶13
Prior proceeding
Petitioners are accused in T.R. Case No.335 of 2023, pending before the learned District & Sessions Judge, Bhubaneswar and the learned 2nd Addl. Sessions Judge, Bhubaneswar respectively, arising out of Dhauli P.S. Case No.106 of 2023.¶15
Prior proceeding
Gita Rout's earlier application BLAPL No.8106 of 2023 before this Court was not entertained as it was filed during currency of investigation.¶20
Prior proceeding
On instruction, petitioner's counsel states that the present application is the first bail application of Sk. Noor Udhhin.¶21
Prior proceeding
Occurrence on 22.06.2023; contraband ganja weighing 59 kg 100 grams seized from three accused (Nirakar Swain, Chandan Pradhan, Kamil Kanhar) nabbed on the spot.¶22
Prior proceeding
On the basis of a co-accused's statement, Gita Rout was taken into custody on 04.07.2023 and Sk. Noor Udhhin on 25.07.2023.¶23
Prior proceeding
Charge sheet filed on 17.12.2023; petitioners thereupon pray for release on bail.¶24
Prior proceeding
Criminal antecedent of Gita Rout cited: involvement in Air field P.S. Case No.144 of 2021 under S.380 IPC.¶27
Prior proceeding
Criminal antecedents of Sk. Noor Udhhin stated by his counsel: Sahid Nagar P.S. Case No.315 of 2021 (corresponding T.R. No.349 of 2021, Sections 21(c) & 29 NDPS Act, pending before the 5th Addl. District & Sessions Judge, Bhubaneswar) and Tamando P.S. Case No.86 of 2021 (corresponding C.T. No.2137 of 2021, S.380 IPC).¶28
Prior proceeding
State counsel cites a further criminal antecedent of Sk. Noor Udhhin: Khandagiri P.S. Case No.423 of 2012, inter alia under Sections 302/363/366/506/34 of IPC.¶30
Prior proceeding
Petitioner's counsel submits that Sk. Noor Udhhin has since been acquitted in Khandagiri P.S. Case No.423 of 2012.¶31
Prior proceeding
Co-accused Jayanti Dash released on bail by this Court on 15.02.2024 in BLAPL No.14661 of 2023; petitioner draws attention to para-8 of that order recording the public prosecutor's stand invoking Section 37(1)(b)(ii) of the NDPS Act.¶32