Sumanta Kumar Sethy vs State Of Odisha .... Opposite Party
2024 Latest Caselaw 15317 Ori

Orissa High Court

Sumanta Kumar Sethy vs State Of Odisha .... Opposite Party on 1 October, 2024

Author: V. Narasingh

Bench: V. Narasingh

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                            BLAPL No. 8124 of 2024

                 Sumanta Kumar Sethy ....                 Petitioner
                                    Mr. S. Pattanayak, Advocate

                                   -versus-

             State of Odisha             ....        Opposite Party
                                             Mr. P.K. Maharaj, ASC

                         CORAM: JUSTICE V. NARASINGH
                                  ORDER

01.10.2024 Order No.

02. 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.44 of 2024, pending on the file of learned Additional Sessions Judge-cum-Special Judge, Nimapara arising out of P.R. No. 50 of 2024- 25 of E.I. & E.B. Unit-1, Cuttack for commission of the alleged offence under Section 21(b) of 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.S. 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 Additional Sessions Judge-cum-Special Judge, Nimapara by

order dated 04.05.2024 in the aforementioned case, the present BLAPL has been filed.

5. It is submitted by the learned counsel that the Petitioner is in custody since 30.04.2024 on the allegation that the contraband to the tune of 132gms (heroin) was recovered from his conscious possession.

6. Learned counsel for the Petitioner submits that the final P.R. has been submitted in the meanwhile on 11.06.2024.

7. Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act and relying on the judgment of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024, submits that the Petitioner ought not to be released on bail.

8. It is further submitted by the learned counsel for the Petitioner that the Petitioner does not have antecedent of similar nature inasmuch, as he has been cited as an accused in two cases arising out of property dispute.

9. Taking into account the quantity of contraband seized and that the Petitioner has no criminal antecedent of similar nature, this Court directs the

Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

10. Before releasing, learned Court in seisin is requested to verify as to whether the Petitioner has any criminal antecedent of similar nature. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.

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. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Ayesha

Designation: Junior Stenographer

Location: High Court of Orissa Date: 03-Oct-2024 11:13:52