Swadhin Kumar Sahu vs State Of Odisha
2021 Latest Caselaw 12780 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 766 of 2018

              Swadhin Kumar Sahu                      ....     Appellant/
                                                              Petitioner

                                    Mr. B.B. Panda, Advocate

                                           -versus-
              State of Odisha                         ....   Respondent/
                                                             Opp. Party

                                    Mr. D.K. Pani,
                                    Addl. Standing Counsel
                                      CORAM:

                                 JUSTICE S.K. SAHOO

                                       ORDER

Order No. 13.12.2021

I.A. No.1916 of 2018

08. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under section 20(b)(ii)(C) of the N.D.P.S. Act and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default, to undergo further R.I. for a period of one year by the learned Additional Sessions Judge -cum- Special Judge, Boudh in Special Case No.50 of 2016(T) (NDPS Act).

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Perused the impugned judgment. Learned counsel for the appellant-petitioner contended that the independent witnesses have not supported the prosecution case and the conviction has been made solely relying on the version of the official witnesses. He further contended that there is no chance of early hearing of appeal in the near future and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail and submitted that in view of the settled position of law, there is no bar in convicting the petitioner for the offence charged basing on the statement of the official witnesses.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced by the prosecution during trial, the commercial quantity of ganja seized and bar under section 37 of the N.D.P.S. Act, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail stands rejected.

The I.A. is disposed of.

(S.K. Sahoo) Judge

I.A. No.1917 of 2018

09. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant-

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petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

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

(S.K. Sahoo) Judge

RKM