Adarsha Kumar Sahani vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 3672 Ori

Orissa High Court

Adarsha Kumar Sahani vs State Of Odisha .... Opposite Party on 5 February, 2025

Author: V. Narasingh

Bench: V. Narasingh

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                          BLAPL No. 11197 of 2024

                 Adarsha Kumar Sahani          ....            Petitioner

                                            Mr. K.C. Tripathy, Advocate

                                       -versus-

             State of Odisha                   ....        Opposite Party
                                                    Mr. R.B. Dash, ASC.

                           CORAM: JUSTICE V. NARASINGH
                                       ORDER

05.02.2025 Order No.

06. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with 2(a) C. C. Case No.22 of 2024 pending on the file of learned Special Judge, Phulbani, arising out of P.R. No.119 of 2024-25 for commission of offence under Section 20(b)(ii)(C) of the NDPS Act.

3. It is submitted by the learned counsel for the Petitioner that the petitioner is in custody since 21.10.2024 on the allegation of involvement of transportation of contraband to the tune of 25 Kgs. Along with co-accused.

4. It is submitted that co-accused persons have been released by this Court by order dated 29.11.2024 in BLAPL Nos.11381 and 11383 of 2024.

Hence, on the ground parity the Petitioner seeks release.

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

6. Learned counsel for the Petitioner on instruction submits that while being a juvenile he faced inquiry as a CCL, but the complicity was not established in terms of the judgment passed on dated 25.09.2019 by the Principal Magistrate, JJB, Kandhamal in J.J. Case No.60 of 2017 arising out of Firingia P.S. Case No.92 of 2017.

It is stated that save and except the said imputation, the Petitioner has no other criminal proclivity.

7. Taking into account the release of the co- accused and the manner of implication of the present Petitioner, this Court directs that the Petitioner to be released on bail on such terms and conditions subject to verification of any antecedent other than the inquiry which he faced under J.J. Act adverted to hereinabove.

8. Additionally, it is directed that the 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.

9. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Narayan