Orissa High Court
Kalakhandi @ Md. Sekhawat vs State Of Odisha on 12 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11876 of 2022
Kalakhandi @ Md. Sekhawat .... Petitioner
Mr. C.R. Swain, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
12.10.2023
Order No.
13. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.
2. The Petitioner is an accused in connection with T.R. No.46
of 2022, pending in the court of learned 1st Addl. Sessions Judge-
cum-Special Judge under NDPS Act, Khurda, arising out of S.T.F.
P.S. No.11 of 2022 for alleged commission of offence under
Section 21(C)/29 of the N.D.P.S Act.
3. Being aggrieved by the rejection of his application for bail
U/s.439 Cr.P.C. by the learned Special Judge under NDPS Act,
Khurda by order dated 18.11.2022 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 8.9.2022 on the accusation of facilitating the
transportation of contraband (brown sugar) to the tune of 1 Kg. 042
grams.
5. It is further submitted that charge sheet has been filed on
5.11.2022.
6. It is the submission of the learned counsel that the
Petitioner has been remanded in the case at hand and the basis of
accusation is on account of co-accused statement and referring to
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, learned counsel for the Petitioner submits that his
further continuance in custody is not warranted and in fact punitive.
7. Learned counsel for the State opposes the prayer in view of
the bar contained in Section 37(1)(b)(ii) of NDPS Act though not
disputing the basis of implication.
8. It is the further submission of the learned counsel for the
State that in view of criminal proclivity of the Petitioner, he ought
not to be released on bail.
9. It is stated, on instruction, that the Petitioner is an accused
in Khordha Sadar P.S. Case No.156 of 2013, Khordha Sadar P.S.
Case No.135 of 2021, Khordha Sadar P.S. Case No.172 of 2017 and
Khordha Sadar P.S. Case No.162 of 2022. The instruction
regarding criminal antecedents is taken on record.
10. Per contra, learned counsel for the Petitioner Mr. Swain
submits that since antecedents do not relate to the Special Act that
ought not to deter the Court from releasing the Petitioner on bail
more so considering the basis of implication.
11. Taking into account that admittedly the basis of
implication is on account of co-accused statement, this Court directs
the Petitioner to be released on bail on such terms to be fixed by the
learned Court in seisin.
12. Additionally, it is directed that 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 Court in seisin.
13. Before releasing, learned Court in seisin is requested to
verify as to whether the Petitioner has any other criminal
antecedents than the 4 noted hereinabove. If it comes to fore that
Petitioner has any other criminal antecedents than the 4 noted
hereinabove, this order shall stand recalled.
14. Accordingly, the BLAPL stands disposed of.
15. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH)
Judge
PKS
Signature Not Verified
Digitally Signed
Signed by: PRADEEP KUMAR SWAIN
Designation: A.R.-cum-Sr. Secy.
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 16-Oct-2023 12:33:15
