Kartik Chopadi vs State Of Odisha
2023 Latest Caselaw 13515 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 2118 of 2023

                 Kartik Chopadi                   ....                  Petitioner
                                                Mr. A.N. Pattanayak, Advocate

                                           -versus-

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

                                  CORAM: JUSTICE V. NARASINGH

                                         ORDER

01.11.2023 Order No.

08. 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.55 of 2020 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Koraput, arising out of Semilliguda P.S. Case No.79 of 2020 for commission of offence alleged under Sections 20(b)(ii)C/29 of the 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, Koraput by order dated 08.02.2023 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 18.09.2020 on the accusation of possessing contraband (ganja) to the tune of 1000 kgs.

5. Learned counsel for the Petitioner seeks release, inter alia, on the ground of tardy progress in trial and release of the co- accused by this Court by order dated 29.09.2023 in BLAPL No.7862 of 2023.

6. It is submitted with vehemence that the present Petitioner is at all fours with the said co-accused.

7. Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act.

8. It is also his further submission that there are distinguishing features so far as the present Petitioner is concerned. Inasmuch as, he is the owner of the vehicle from which the contraband was seized and in this context, he relies on the agreement executed between the Petitioner purchasing the vehicle which is mentioned at Serial No.20 of the charge sheet.

9. It is submitted by the learned counsel for the State that the said agreement of sale was executed on 12.09.2020 and the date of occurrence is 18.09.2020.

10. There is sufficient force in the submission of the learned counsel for the State that the Petitioner is ex-facie not similarly circumstanced with the co-accused who has since been released on bail, as noted above.

11. Learned counsel for the Petitioner submits that the Petitioner is the first offender.

12. It is noted that the Petitioner is aged about 22 years. Considering the same 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 Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

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

14. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice 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 learned Court in seisin.

15. It is further directed that one of the family members of the Petitioner shall execute a P.R bond in addition to the sureties in terms of the order of the learned Court in seisin.

16. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Santoshi

Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-Nov-2023 13:26:33