Dismissed

Maheswar Behera v. State of Orissa

Orissa HC1 Nov 2016ABLAPL/16361/2016

Case brief

AI extract

What is this about?

On the petitioner's apprehension of arrest under the N.D.P.S. Act, the High Court rejected the application for anticipatory bail, noting non-applicability of Section 37 restrictions. The Court granted liberty to surrender within 21 days, directing the lower court to consider the application urgently.

What did the court decide?

Application for anticipatory bail is rejected. Liberty to surrender within twenty-one days is granted.

Maheswar Behera Vs State of Orissa — Narcotics (NDPS) | Orissa HC (2016)

¶1

ABLAPL NO.16361 OF 2016

¶2

01.11.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate for t
he State.

¶3

2. The petitioner is apprehending arrest for the alleged commission of offence under Section
20 (b)(ii) (B) of the N.D.P.S. Act, in C.T.(Special) NDPS Case No.11/2016 of the court of le
arned Special Judge, Dhenkanal arising out of P.R. No.3/2016-17. Learned counsel for the peti
tioner submitted that the bar under Section 37 of the N.D.P.S. Act is not applicable to this c
ase.

¶4

3. In view of the fact that the petitioner is involved in a case punishable under the prov
isions of N.D.P.S. Act, this Court is not inclined to grant anticipatory bail to him. Accordin
gly, his application for anticipatory bail is rejected.
4. However, he is given liberty to surrender before the learned Special Judge, Dhenkanal i
n the aforesaid case within twenty-one days. On such event, the learned Special Judge, Dhenkan
al shall consider his application and dispose of the same on the same day. While considering t
he bail application of the petitioner, the learned Special Judge, Dhenkanal may keep in mind t
o the fact that bar under Section 37 of the N.D.P.S. Act is not applicable to this case and th
at there is no direct material involving the present petitioner in commission of the alleged
crime. Case diary be made available in the mean time.

¶5

The ABLAPL is disposed of.

¶6

Urgent certified copy of this order be granted on proper application.

¶7

 S.K.Mishra, J

Maheswar Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Maheswar Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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