Opu Haldar vs State Of Odisha
2023 Latest Caselaw 3651 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  BLAPL No.7439 of 2022

             Opu Haldar                         ....                  Petitioner
                                                    Ms. Babita Sahu, Advocate
                                         -versus-

             State of Odisha                    ....             Opposite Party
                                                       Mr. P.K. Maharaj, ASC

                               CORAM: JUSTICE V. NARASINGH
                                           ORDER

18.04.2023 Order No.

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

2. The Petitioner is an accused in Special G.R. Case No.08 of 2021 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri arising out of Orkel P.S Case No.10 of 2021 for commission of the alleged offence under Section 20(b)(ii)(C) of the NDPS Act.

3. 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 01.02.2022 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is in custody since 11.1.2021 and as trial is lingering, he may be released on bail.

5. It is further submitted that the co-accused have been released on bail by this Court by order dated 22.04.2022 in BLAPL

No.5227 of 2021 and by order dated 11.05.2022 in BLAPL No.6969 of 2021. Hence, on the ground of parity, the Petitioner seeks release.

6. It is also brought to the notice of this Court that the present Petitioner who is an accused for commission of offence of similar nature has been acquitted by judgment dated 24.03.2023 in T.R No.158(A) of 2019 by the learned Addl. Sessions Judge-cum- Special Judge, Malkangiri.

7. Learned counsel for the State opposes the prayer in view of the bar contained in Section 37 of the N.D.P.S Act and the contraband (ganja) seized is 55 Kg., which is more than the commercial quantity.

8. Considering the release of the co-accused and the acquittal of the Petitioner in the case in which he has been cited as an antecedent, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9. Additionally, it is directed that the Petitioner 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. And he shall not leave the jurisdiction of the learned Court in seisin without its express permission. Any default shall entail cancellation.

10. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge PKS