Orissa High Court
Laba Sisa vs State Of Odisha on 21 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1968 of 2023
Laba Sisa .... Petitioner
Mr. P.K. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
BLAPL No. 1970 of 2023
Debraj Nayani .... Petitioner
Mr. P.K. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
BLAPL No. 2162 of 2023
Jaga Madhi .... Petitioner
Mr. P.K. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
BLAPL No. 2169 of 2023
Tankadhar Kinbudi .... Petitioner
Mr. P.K. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
Page 1 of 3
CORAM: JUSTICE V. NARASINGH
ORDER
21.08.2023
Order No.
06. 1. Since all the four BLAPLs relate to the same P.S. Case
(Kalimela P.S. Case No.207 of 2022), 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.
2. Heard learned counsel for the Petitioners and learned
Additional Standing Counsel for the State.
3. The petitioners are accused in connection with Special G.R.
Case No.121 of 2022, pending on the file of the learned Sessions
Judge-cum-Special Judge, Malkangiri, arising out of Kalimela P.S.
Case No.207 of 2022 for alleged commission of offences under
Sections 20(b)(ii)C/27-A of the NDPS Act.
4. Being aggrieved by the rejection of their application for bail
U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge,
Malkangiri, by order dated 09.02.2023, the present BLAPLs have
been filed.
5. It is submitted by the learned counsel that the petitioners are
in custody since 14.08.2022 on the accusation of possessing
contraband (ganja) to the tune of 664 kg 400 grams from 22 accused
persons including the present petitioners.
6. Learned counsel for the petitioner also relies on the order
dated 16.08.2023 passed by this Court in respect of the co-accused,
namely, Ramana Pangi, Hari Kemadu and Lakhan Hanta in
BLAPLNos.2054, 2042, 2085 of 2023 respectively and seeks release
inter alia on the ground of parity.
7. Learned counsel for the State opposes the prayer for bail.
8. It is the submission of the learned counsel for the petitioner
that the individual seizures from the petitioners are 30 kg 200 grams
each. Hence, they ought not to be made liable for the entire seizure.
9. Learned counsel for the State has rightly submitted that even
if the submission of the learned counsel for the petitioners is accepted
at its face value yet, individual seizure being more than the
commercial quantity, in view of the rigorous of Section 37 of the
NDPS Act, the petitioners are not entitled to be released on bail.
10. It is stated by the learned counsel for the petitioners that the
petitioners are the first offenders and admittedly the trial has not
commenced.
11. Taking into account the release of the co-accused and
keeping in view the judgment of the Apex Court in the case of
Satender Kumar Antil vrs. Central Bureau of Investigation &
another, reported in 2022 (10) SCC 51 relating to parity, this Court
directs the petitioners to be released on bail on such terms to be fixed
by the learned Court in seisin.
12. While releasing the petitioners on bail, learned Court below
shall verify the criminal antecedent of the petitioners. If it comes to
fore that the petitioners have any criminal antecedent, this order
shall stand recalled.
13. Additionally, it is directed that the petitioners shall appear
before the jurisdictional police station once every fifteen days 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.
14. Accordingly, the BLAPLs stand disposed of.
15. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge
Santoshi
Signature Not Verified
Digitally Signed
Signed by: SANTOSHI LENKA
Reason: Authentication
Location: High Court of Orissa
Date: 22-Aug-2023 19:05:48
