Kamlu Nayak vs State Of Odisha

V. Narasingh, J

Since both the BLAPLs are relating to the same occurrence and subject matter of the same P.S. Case (Mathili P.S. Case No.109 of 2022) (in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri), they were heard together and disposed of by this common order, on the consent of the parties.

Heard learned counsel for the Petitioners and learned counsel for the State.

The petitioners (Kamlu Nayak & Mukunda Nayak) are accused in connection with Spl G.R. Case No.90 of 2022, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri arising out of Mathili P.S. Case No.109 of 2022 for alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri, by order dated 12.12.2022 in the aforementioned cases, the present BLAPLs have been filed.

The allegations against the present petitioners that they were taken into custody on 24.05.2022 on the accusation of possession of 302Kgs 400gms (Ganja) of along with two others.

It is the specific case of the petitioners that the manner in which the seizure has been effected, it cannot be said that the petitioners were in conscious and exclusive possession of the contraband.

Referring to the recitals in the Case Diary, learned counsel for the State points out that the present petitioners were apprehended in the wee hours of 24.05.2022 and that in itself indicates their mens rea.

Keeping in view the rigors of Section 37 of the NDPS Act, this Court is not persuaded to hold that the petitioners are not prima facie involved in commission of the offence.

In the face of such mandate in Section 37 of the NDPS Act, this Court is not inclined to entertain the bail application at this stage.

Accordingly, both the BLAPLs stand disposed of.

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

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