Rama Chandra Bastia vs State Of Odisha
2023 Latest Caselaw 11862 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               ABLAPL No.10730 of 2023

            Rama Chandra Bastia                                    Petitioner
                                                    ....
                                               Mr. Tikeram Meher, Advocate
                                       -versus-
            State of Odisha                         ....       Opposite Party
                                                         Mr. A.P. Das, A.S.C.

                          CORAM:
                          JUSTICE A.K.MOHAPATRA


                                        ORDER

Order No.                              03.10.2023
   01.      1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Section 20(a)(i) of N.D.P.S. Act read with Section 27(1) Odisha Forest Act.

4. Learned counsel appearing for the Petitioner that the Petitioner has not been named in the F.I.R. However, he has been implicated on the basis of the co-accused statement. Referring to the judgment of the Hon'ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1, learned counsel for the Petitioner further submitted that the statement of the co-accused cannot be used against the Petitioner. Moreover, it is further contended that since the alleged contraband articles were not

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recovered from the conscious and exclusive possession of the Petitioner, the bar under Section 37 N.D.P.S. Act is not attracted to the facts in the present case.

5. Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned Additional District & Sessions Judge, Kantamal in Spl.(NDPS) Case No.60 of 2021 arising out of Kantamal P.S. Case No.149 of dt.22.11.2021 within a period of four weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent. In the event, the Petitioner is having more than one similar criminal antecedents, then this order stands automatically revoked.

6. Further, release of the Petitioner shall be subject to the condition that he shall appear before the concerned Police Station once in a fortnight for a period of two months preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M., thereafter once in a month till conclusion of the trial. Violation of such conditions shall entail cancellation of the bail application.

7. The ABLAPL is disposed of accordingly.

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

(A.K. Mohapatra) Judge Anil Signature Not Verified Digitally Signed

Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Oct-2023 17:41:08