Dismissed

Nanda Khilla v. State of Odisha

Orissa HC22 Mar 2021ABLAPL/2756/2021

Case brief

AI extract

What is this about?

The petitioner sought pre-arrest bail in a Narcotic Drugs and Psychotropic Substances Act case involving commercial quantity of Ganja. The Court held that under Section 37(1) of the Act, release is barred without Public Prosecutor objection and satisfied reasonable grounds, refusing bail due to the heinous nature and need for custodial interrogation.

What did the court decide?

None; prayer for pre-arrest bail rejected. The application was dismissed.

Nanda Khilla Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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ABLAPL No.2756 of 2021

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22.03.2021 The Petitioner apprehending his arrest in Chitrakonda P.S. Case No.67 of 2020, corresponding to T.R. No.64 of 2020, pending in the court of Special Judge, Malkangiri, registered for alleged commission of offences punishable under Sections 20(b)(ii)C and 25 of the N.D.P.S. Act, 1985, has filed this petition for his release on pre-arrest bail.

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Heard the 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 commercial quantity. Incriminating materials are available against the Petitioner showing his involvement in the aforesaid offence. 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 mandates that when a person is accused of an offence involving commercial quantity of Narcotic Drugs and Psychotropic Substance, he should not be released on bail without the Public Prosecutor being given a chance to object his 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.

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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, even if he has a case for release on bail under the Code of Criminal Procedure, in Section 37(1)(b) of the N.D.P.S. Act 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 being devoid of merit stands disposed of being dismissed.

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…………………..

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Nanda Khilla v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nanda Khilla v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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