Runa Lima vs State Of Odisha
2023 Latest Caselaw 10305 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No. 6857 of 2023

             Runa Lima                             ....                   Petitioner
                                                        Mr. S. Mahunta, Advocate
                                            -versus-

             State of Odisha                       ....              Opposite Party
                                                            Mr. A. Pradhan, ASC

                                CORAM: JUSTICE V. NARASINGH
                                              ORDER

29.08.2023 Order No.

03. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is an accused in connection with T.R. Case No. 68 of 2022, pending before the Court of the learned Additional Session Judge-cum-Special Judge, Gunupur arising out of Padampur P.S. Case No. 60 of 2022 for alleged commission of offences under Sections u/s- 20(b)(ii)/25/27/29 of NDPS Act.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge,-cum-Special Judge, Gunupur, I/c by order dated 22.05.2023 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 06.07.2022 on the accusation of possessing the contraband (ganja) to the tune of 300 Kgs.

5. It is submitted by the learned counsel that since charge sheet has been filed on 05.12.2022, further continuance of the Petitioner in custody is not warranted.

6. It is submitted by the learned counsel that admittedly the Petitioner was not present during the seizure of contraband from the vehicle and he has been implicated on the basis statements of the driver and helper of the vehicle.

7. Learned counsel for the State does not dispute the statement at the Bar. But, submits that on confidential enquiry it has come to fore that the present Petitioner was engaged in cultivation of the contraband.

8. Taking into account the basis of implication is prima facie on account of co-accused submission, keeping in view the Judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2020) 80 OCR (SC) 641 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC) 622, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter subject to verification of criminal antecedent of any nature.

9. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

10. Additionally, it is directed that the 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.

11. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Soumya

Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 30-Aug-2023 20:06:53