Kiran Khilla v. State of Odisha

Orissa HC5 Feb 2025BLAPL/9259/2024

Case brief

AI extract

What is this about?

Odisha High Court interim bail NDPS ganja case; Kiran Khilla v. State of Odisha; BLAPL No.9259 of 2024; Justice Sashikanta Mishra; 05.02.2025; Section 20 (b) (ii) (C) NDPS Act 1985; 143 Kgs 700 grams ganja; Nandapur P.S. Case No.20 of 2018; T.R. Case No.3 (C) of 2018 Koraput Special Judge; earlier interim bail BLAPL No.8890 of 2019; NBW non-surrender; trial commenced only two witnesses examined; more than five years in custody; delay in conclusion of trial lenient view; two months interim bail from actual release; immediate surrender after expiry.

What did the court decide?

Interim bail for a period of two months from the date of actual release, on terms and conditions deemed fit and proper by the Court in seisin over the matter, with immediate surrender required upon expiry of the interim bail period. ¶¶19

Kiran Khilla Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, facing trial under the NDPS Act with over five years in custody (excluding interim bail) and minimal trial progress, may be released on bail in view of the delay in conclusion of trial.

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Court's answer

Taking note of the delay in conclusion of trial, the Court adopted a lenient view towards the petitioner.

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Ratio / Principle

The petitioner was ordered to be released on interim bail for a period of two months from the date of his actual release, on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose.

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Key takeaways

The petitioner was directed to surrender immediately after expiry of the period of interim bail.ratio¶¶20

Detailed headnote1 paragraphs

Bail application (BLAPL No.9259 of 2024, High Court of Orissa at Cuttack, Justice Sashikanta Mishra, decided 05.02.2025) by Kiran Khilla against the State of Odisha. The petitioner was taken into custody on 09.03.2018 in Nandapur P.S. Case No.20 of 2018, corresponding to T.R. Case No.3 (C) of 2018 before the Additional Sessions Judge-Cum-Special Judge, Koraput, for alleged commission of an offence under Section 20 (b) (ii) (C) of the NDPS Act, 1985, relating to carriage of contraband ganja weighing 143 Kgs and 700 grams. An earlier interim bail granted in BLAPL No.8890 of 2019 had lapsed without surrender, leading to issuance of NBW by the Court below and renewed custody. With the trial having commenced and only two witnesses examined, and the petitioner having spent more than five years in custody leaving aside the interim bail period, the Court, taking note of the delay in conclusion of trial, took a lenient view and released him on interim bail for two months from the date of his actual release on conditions to be imposed by the Court in seisin over the matter, directing immediate surrender on expiry of the interim bail period.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9259 of 2024

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Kiran Khilla

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...... Petitioner Represented by Mr. R.L. Pattnaik, Advocate

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-Versus-

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State of Odisha

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….. Opp. Party Represented by Mr. S.S. Routray, Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER

05.02.2025

Order No.

01.

This matter is taken up through hybrid mode.

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The petitioner was earlier granted interim bail by this Court in BLAPL No.8890 of 2019. He did not surrender after expiry of the period of interim bail for which NBW was issued by the Court below. This is how the petitioner came to be in custody again.

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Case record reveals that the petitioner was originally taken into custody 09.03.2018 in connection with Nandapur P.S. Case No.20 of 2018, corresponding to T.R. Case No.3 (C) of 2018 pending in the Court of Additional Sessions Judge-Cum-Special Judge, Koraput for alleged commission of offence under Section 20 (b) (ii) (C) of the NDPS Act, 1985.

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It is alleged that the petitioner and two other persons were carrying contraband ganja weighing 143 Kgs and 700 grams in a vehicle when they were detained and subsequently apprehended by the police.

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It is stated that the trial has commenced, and only two witnesses have been examined. Leaving aside the period of interim bail, the petitioner has spent more than five years in custody by

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Page 1 of 2

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now.

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Taking note of the delay in conclusion of trial, this Court is inclined to take a lenient view. Let the petitioner be released on interim bail for a period of two months from the date of his actual release on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose.

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The petitioner shall immediately surrender after expiry period of interim bail.

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( Sashikanta Mishra) Judge

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Puspanjali

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Signature Not Verified

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Digitally Signed Signed by: PUSPANJALI GHADAI Reason: Authentication Location: High Court of Orissa, C utta ck. Date: 06-Feb-2025 17:37:06

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Kiran Khilla v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kiran Khilla 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

Procedural history

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