Dismissed

Jhasaketan Swain@ Budhu v. State of Odisha

Orissa HC13 Dec 2021ABLAPL/15125/2021

Case brief

AI extract

What is this about?

Bail application for pre-arrest bail under NDPS Act was dismissed. The petitioner, indicted for trafficking commercial quantity of Ganja, was held ineligible for pre-arrest bail due to serious offence nature, stringent punishment under N.D.P.S. Act, and requisite Public Prosecutor objection. Petitioner allowed to surrender for regular bail.

What did the court decide?

Prayer for pre-arrest bail rejected; petition disposed of being dismissed. Surrender for regular bail permitted if advised.

Jhasaketan Swain@ Budhu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.15125 of 2021

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Jhasaketan Swain @ Budhu

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…. Petitioner

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

13.12.2021

This matter is taken up through Hybrid mode.

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The Petitioner apprehending his arrest in Deogarh P.S. Case No.359 of 2021 registered for alleged commission of offence punishable under Section 20(b)(ii)(B) of the NDPS Act, has filed this petition for his release on pre-arrest bail.

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

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The material on record goes to show that the Petitioner has been indicted in the aforesaid case of trafficking of Narcotic Drugs i.e. Ganja of more than commercial quantity. Incriminating materials are available against the petitioner showing his involvement in the aforesaid offences. The offence alleged is an offence against the Society. Punishment provided for the offence alleged is stringent and as such, the petitioner has no case for his release on pre-arrest bail. Section 37(1) of the N.D.P.S. Act also mandates that when a person is accused of an offence involving commercial quantity of Narcotic Drugs and Psychotropic Substance seeks bail, he should not be released on bail without the Public Prosecutor being given a chance to object his

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prayer for bail and if the Public Prosecutor makes objection to such prayer, without the Court recording its satisfaction that there are reasonable grounds for believing that he is not guilty of the offence alleged and he is not likely to commit such offence, if released on bail, which is hard to record in this case.

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Considering the facts and submissions made, especially the fact that the petitioner has been indicted in a case under the N.D.P.S. Act involving commercial quantity, an offence of heinous and serious in nature and the limitation to grant even regular bail to the persons indicted in such offence under Section 37(1)(b) of the N.D.P.S. Act, even if he has a case for release on bail under the Code of Criminal Procedure and the custodial interrogation of the petitioner may be required to collect further evidence in this case, this Court is not inclined to release the petitioner on pre-arrest bail.

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Accordingly, the prayer for pre-arrest bail of the Petitioner stands rejected and the ABLAPL is disposed of being dismissed.

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However, it is open to the Petitioner to surrender and move an application for bail, if so advised.

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(S. Pujahari) Judge

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PKS

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Jhasaketan Swain@ Budhu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jhasaketan Swain@ Budhu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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