Orissa High Court
Laxman Palasi vs State Of Odisha on 15 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1987 of 2023
Laxman Palasi .... Petitioner
Mr. P.K. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
15.09.2023
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 Special
G.R. Case No.121 of 2022, pending on the file of learned Sessions
Judge-cum-special Judge, Malkangiri, arising out of Kalimela P.S.
Case No.207 of 2022 for commission of the alleged offence under
Sections 20(b)(ii)(C/27-A) of the NDPS Act.
3. Being aggrieved by the rejection of his application for bail
U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special Judge,
Malkangiri by order dated 09.02.2023 in the aforementioned case,
the present bail application has been filed.
4. It is submitted by the learned counsel that the Petitioner is
in custody since 14.08.2022 on the accusation of possessing
contraband (ganja) to the tune of 664 kg 400 grams from 25
accused persons including the present Petitioner.
5. Relying on the order passed by this Court dated
25.08.2023 relating to the co-accused in BLAPL No.2147 of 2023
and other connected matters, it is submitted by the learned counsel
for the Petitioner, on instruction, that like the co-accused who have
since been released on bail, the individual seizure from the present
Petitioner is to the tune of 30 kg 200 grams. Hence, he ought not to
be made liable for the entire seizure.
6. Learned counsel for the State opposes the prayer for bail.
7. On going through the order dated 25.08.2023, this Court is
persuaded to hold that the co-accused in BLAPL No.2147 of 2023
and other connected matters who were released, ex-facie are
similarly placed.
8. Same is not opposed by the learned counsel for the State.
Yet, it is rightly pointed out that even if the submission of the
Petitioner is accepted at its face value yet, individual seizure being
more than the commercial quantity, in view of the rigors of Section
37 of the NDPS Act, the Petitioner ought not to be released on bail
merely because the co-accused have since been released on bail.
9. Learned counsel for the Petitioner, on instruction, submits
that Petitioner is the first offender and admittedly, trial has not
commenced.
10. 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 and bleak
chance of early trial, this Court directs the Petitioner to be released
on bail on such terms to be fixed by the learned Court in seisin.
11. 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 other criminal antecedent, this order
shall stand recalled.
12. Additionally, it is directed that Petitioner 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.
13. Accordingly, the BLAPL stands disposed of.
14. 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: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 15-Sep-2023 19:40:09
