Orissa High Court
Srikanta Chinara vs State Of Odisha .... Opposite Party on 11 December, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12007 of 2023
Srikanta Chinara .... Petitioner
Mr. R.P. Moahapatra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
11.12.2023
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.168 of 2023 pending on the file of learned Additional Sessions
Judge-cum-Spl. Judge, Nayagarh, arising out of Cuttack Unit-1 Excise
P.R. Case No.67 of 2023-24 for commission of offence alleged under
Sections 20(b)(ii)(c) of the NDPS Act.
3. Learned counsel, on instruction, submits that except the present
BLAPL, no other bail application of the Petitioner relating to the
aforementioned P.R. case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail
U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Nayagarh by order
dated 05.10.2023 in the aforementioned case, the present BLAPL has
been filed.
5. The allegation against the Petitioner is that he along with co-
accused were involved in the transportation of contraband (ganja) to the
tune of 76kgs in a car.
6. It is submitted by the learned counsel that the Petitioner is in
custody since 06.05.2023 and as final P.R. has already been submitted on
14.08.2023, Petitioner may be released on bail.
7. It is further submitted that the co-accused have since been
released on bail by this Court by order dated 30.11.2023 in BLAPL
No.12299 of 2023. Hence inter alia on the ground of parity, the
Petitioner seeks release.
8. Learned counsel for the State opposes the prayer for bail and
submits that from the quantity of contraband seized and the manner of
seizure falsifies the defence stand and also in view of the twin bar
contained in Section 37(1)(b)(ii) of the NDPS Act, the Petitioner is not
entitled to be released on bail on the ground of parity.
9. On instruction, learned counsel for the Petitioner submits that
the Petitioner is the first offender.
10. Keeping in view the order of the Apex Court in the case of
Rabi Prakash vs. The State of Odisha reported in 2023 LiveLaw (SC)
533 and 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 Petitioner to
be released on bail on such terms to be fixed by the learned Court in
seisin.
11. Additionally, it is directed that 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.
12. Before releasing, learned Court in seisin is requested to verify
the criminal antecedent of the Petitioner. If it comes to fore that the
Petitioner has any criminal antecedent, this order shall not be given
effect to.
13. Accordingly, the BLAPL stands disposed of.
14. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Santoshi
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 13-Dec-2023 12:03:37
