Orissa High Court

Raj Nishad vs State Of Odisha .... Opposite Party on 20 July, 2023

Author:
V. Narasingh

Bench:
V. Narasingh

IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5946 of 2023

Raj Nishad .... Petitioner
Mr. J.K. Panda, Advocate
-versus-

State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC

BLAPL No. 5948 of 2023

Dharmendra Tiwari .... Petitioner
Mr. J.K. Panda, Advocate
-versus-

State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC

CORAM: JUSTICE V. NARASINGH
ORDER

20.07.2023
Order No.

03. 1. Since both the BLAPLs relate to the same P.S. Case
(Muniguda P.S. Case No.106 of 2023), they are heard together and
disposed of by this common order, on the consent of the parties.

2. Heard learned counsel for the petitioners and learned
counsel for the State.

3. The petitioners are accused in connection with T.R. Case
No.68 of 2023, pending in the Court of learned Additional Sessions
Judge-cum-Special Judge, Gunupur arising out of Muniguda P.S.
Case No.106 of 2023 for alleged commission of offences under

Sections 20(b)(ii)(C)
/
of NDPS Act.

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4. Being aggrieved by the rejection of their application for
bail U/s.439
Cr.P.C
. by the Additional Sessions Judge-cum-Special
Judge, Gunupur, by order dated 15.05.2023 in the aforementioned
cases, the present BLAPLs have been filed.

5. It is submitted by the learned counsel that the petitioners
are in custody since18.04.2023 for allegedly possessing contraband
to the tune of 23kgs 560gms (ganja).

6. Referring to the FIR, it is submitted that independent
seizures of 8Kgs 640gms from each of the petitioners has been
clubbed together with the other accused so as to attract the bar
under
Section 37
of NDPS Act.

7. Learned counsel for the State opposes the prayer for bail
and submits that such bifurcation is not permissible during the
currency of investigation and even otherwise submits that the joint
seizure falsifies the claim of the petitioners.

8. Taking into account the petitioners are young man of 19
years and 22 years and there being bleak chance of early trial, this
Court directs the petitioners to be released on bail on such terms to
be fixed by the learned Court in seisin over the matter.

9. Additionally, it is directed that the petitioners shall appear
before the Investigating Officer once every month till submission of
final form on such date and time to be fixed by the learned Court in
seisin. Certification of such appearance shall be submitted to the
learned Court in seisin.

10. It is further directed that in addition to the sureties so fixed,
one surety shall be immediate member of the family of the
petitioners, who shall execute a P.R. bond.

11. Before releasing the petitioners, learned Court in seisin is
called upon to verify the criminal antecedent of the Petitioners from

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their parent police station i.e. P.S.-Bagberia, Dist-Purbi, State-
Singhbhum, Jharkhand. If it comes to the fore that the Petitioners
have any criminal antecedent, this order shall stand recalled.

12. Accordingly, the BLAPLs stand disposed of.

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

(V. NARASINGH)
Ayesha Judge

Signature Not Verified

Digitally Signed

Signed by: AYESHA ROUT

Reason: Authentication

Location: High Court of Orissa

Date: 22-Jul-2023 13:20:42

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