KUSHA DURUKA vs. THE STATE OF ODISHA
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A) ABSTRACT / HEADNOTE

The case of Kusha Duruka v. The State of Odisha deals with procedural prerequisites in bail applications, emphasizing the mandatory disclosure of past bail applications and their outcomes. The Supreme Court addressed the petitioner’s failure to disclose material information regarding previously dismissed bail applications and a pending Special Leave Petition (SLP), which led to procedural lapses. The Court stressed the need for transparency and procedural consistency, mandating that all bail applications tied to the same FIR be presented to the same judge to avoid contradictory orders. This judgment reinforces the principle that litigants must uphold the truth in judicial proceedings and should not manipulate the justice delivery system through selective disclosure. The petitioner was imposed a token cost due to this procedural misrepresentation, although the Court refrained from canceling his bail.

Keywords: Bail application, Prerequisites, Suppression of facts, Justice delivery, Administration of justice.

B) CASE DETAILS

  • Judgment Cause Title: Kusha Duruka v. The State of Odisha
  • Case Number: Criminal Appeal No. 303 of 2024
  • Judgment Date: 19 January 2024
  • Court: Supreme Court of India
  • Quorum: Vikram Nath and Rajesh Bindal, JJ.
  • Author: Justice Rajesh Bindal
  • Citation: [2024] 1 S.C.R. 604 : 2024 INSC 46
  • Legal Provisions Involved: Code of Criminal Procedure, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985
  • Judgments Overruled by the Case: None
  • Related Law Subjects: Criminal Law, Procedural Law, Administration of Justice

C) INTRODUCTION AND BACKGROUND OF JUDGEMENT

The present appeal arose out of procedural inconsistencies observed in the bail applications filed by Kusha Duruka in relation to criminal charges under the Narcotic Drugs and Psychotropic Substances Act, 1985. Initially, the appellant’s bail was rejected by both the Sessions Court and the High Court of Odisha. Despite these rejections, the appellant filed successive bail applications without fully disclosing prior outcomes and related pending petitions. This led to the Supreme Court’s intervention, addressing procedural loopholes and emphasizing judicial integrity, consistency in bail proceedings, and the duty of litigants and legal representatives to disclose all material facts.

D) FACTS OF THE CASE

On February 3, 2022, the police arrested Kusha Duruka and his co-accused for allegedly possessing and transporting 23.8 kg of Ganja, a substance restricted under the Narcotic Drugs and Psychotropic Substances Act. Following his arrest, Duruka filed an initial bail application, which the Sessions Court dismissed. He then approached the High Court, where his bail application faced rejection, even though the same judge granted bail to the co-accused based on similar grounds.

During the pendency of Duruka’s SLP challenging the High Court’s denial, he filed a second bail application in both the Sessions Court and the High Court, failing to disclose the SLP’s status. The High Court eventually granted his second bail application, unaware that an SLP was ongoing. The Supreme Court later scrutinized these procedural discrepancies, noting the lack of consistent records and clear communication across judicial levels regarding bail applications.

E) LEGAL ISSUES RAISED

  1. Whether the omission of details of previous bail applications in subsequent bail filings affects the integrity of judicial proceedings.
  2. The procedural necessity for all bail applications related to a single FIR to be heard by the same judge.
  3. Determination of the consequences for litigants who misrepresent facts or conceal material information from the Court.

F) PETITIONER/ APPELLANT’S ARGUMENTS

  • i. The counsel argued that Duruka deserved bail on grounds of parity, as the co-accused with similar charges received bail.
  • ii. They maintained that procedural lapses were unintentional and did not justify withholding bail, particularly given that the co-accused had already been granted release under similar circumstances.
  • iii. The petitioner’s counsel suggested that the secondary bail application’s omission of the SLP’s pendency was an oversight, not an attempt to mislead.

G) RESPONDENT’S ARGUMENTS

  • i. The State argued that Duruka intentionally suppressed information about his earlier bail application and the SLP to manipulate the system, displaying a lack of respect for judicial processes.
  • ii. It was contended that the appellant’s repeated bail applications across courts without disclosing their histories created procedural confusion, undermining the administration of justice.
  • iii. The State sought dismissal of the appeal, citing the appellant’s actions as an attempt to “pollute the stream of justice” through selective disclosures.

H) RELATED LEGAL PROVISIONS

  • i. Section 439, Code of Criminal Procedure, 1973 – Discusses bail provisions for individuals accused of non-bailable offenses.
  • ii. Section 20(b)(ii)(C), Narcotic Drugs and Psychotropic Substances Act, 1985 – Provisions regarding the punishment for possession of commercial quantities of psychotropic substances.
  • iii. Judicial precedents establishing standards of disclosure and procedural honesty in bail applications, including K.D. Sharma v. Steel Authority of India Limited and Dalip Singh v. State of Uttar Pradesh.

I) JUDGEMENT

a. Ratio Decidendi

The Supreme Court held that litigants must disclose all relevant bail application histories and details of pending appeals when filing subsequent bail applications. It directed that all bail applications arising from the same FIR must be presented to the same judge, barring exceptional circumstances such as judicial transfer or recusal. The Court mandated that registry offices should compile and present detailed reports of past bail applications with each new filing.

b. Obiter Dicta

The Court strongly criticized the growing trend of litigants using procedural gaps to obscure facts, emphasizing that such actions degrade the judicial process. It reiterated the maxim, “supressio veri, suggestio falsi” (suppression of the truth is equivalent to the suggestion of falsehood), condemning the misuse of judicial resources and stressing the importance of integrity in litigation.

c. Guidelines

To address procedural inconsistencies in bail applications:

  1. Mandatory Disclosure: Bail applicants must detail all prior applications, including outcomes and any pending higher court petitions.
  2. Consistent Listing: All bail applications for a single FIR should be listed before the same judge, with registries tasked to ensure procedural continuity.
  3. Registry Reports: Court registries must provide a full report on all previously filed bail applications related to a given case.
  4. Legal Counsel Responsibility: Lawyers representing the State and defense must responsibly communicate all relevant facts to avoid procedural oversights.

J) CONCLUSION & COMMENTS

This judgment reinforces the integrity of judicial proceedings by mandating transparency in bail filings. It underscores that selective disclosure in bail applications undermines the judicial system, jeopardizing fair trial principles. By enforcing these guidelines, the Supreme Court aims to prevent procedural abuse, ensuring that litigants do not exploit systemic vulnerabilities to their advantage.

K) REFERENCES

  1. Chandra Shashi v. Anil Kumar Verma, (1995) 1 SCC 421
  2. K.D. Sharma v. Steel Authority of India Limited and others, (2008) 12 SCC 481
  3. Dalip Singh v. State of Uttar Pradesh and others, (2010) 2 SCC 114
  4. Moti Lal Songara v. Prem Prakash alias Pappu, (2013) 9 SCC 199
  5. Pradip Sahu v. The State of Assam, Special Leave Petition (Criminal) No. 4876 of 2022, 24.08.2023