Allowed

Deepak Kumar Digal v. State of Odisha

Orissa HC10 Nov 2021BLAPL/7436/2021

Case brief

AI extract

What is this about?

This court granted bail to the petitioner in a narcotics case involving GitHub ganja. The petitioner was implicated solely based on the confessional statement of a co-accused driver who had already been granted bail. The court directed release on appropriate terms.

What did the court decide?

Petitioner released on bail with conditions to appear on posting dates and not indulge in criminal activities.

Deepak Kumar Digal 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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BLAPL No. 7436 of 2021

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Deepak Kumar Digal …. Petitioner

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Mr.Mahes Das, Advocate

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-versus-

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State of Odisha

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Opposite Party Mr.D.R.Parida , ASC

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CORAM:

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JUSTICE R.K.PATTANAIK

Order No.

ORDER

10.11.2021

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Raikia P.S. Case No. 19 of 2020 corresponding to C.T. Case No. 15 of 2020 pending in the court of learned Sessions Judge, Baliguda.

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Perused the F.I.R. and the impugned order 23.08.2021 and other documents.

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The complainant lodged the F.I.R. alleging therein that on 25.04.2020 at about 6.30 A.M., while he was on duty, received information from reliable source regarding transportation of contraband ganja and in course of such duty, detained a vehicle bearing registration No.OD-02H-2666 and during search driver was apprehended, whereas, another person managed to escape from the spot and finally, recovered 32 Kgs. 100 grams of contraband ganja which was kept in its boot space. In that connection, the petitioner was arrested and forwarded to the court on 18.8.2021 and since then, he is in custody.

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Learned counsel for the petitioner submits that the accused driver is on bail by this Court order dated 03.09.2021 in BLAPL No. 2955 of 2020, whereas, the present accused has been implicated solely on the basis of the confessional statement of the driver and considering the same, the petitioner should be released on bail on same terms and conditions.

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Learned counsel for the State contends that the petitioner allegedly fled away from the spot but the driver accused could be apprehended and the alleged quantity of contraband ganja recovered is a commercial quantity.

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Copy of this Court’s order dated 03.09.2021 in BLAPL No. 2955 is made available which is in respect of the driver accused, namely, Ganeshwar Pradhan@ Ganeswar.

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Admittedly, after the vehicle being searched, commercial quantity of contraband ganja was recovered from the possession of the other accused, who has been granted bail by this Court. It is submitted that the investigation is over, in the meantime and as such, preliminary charge sheet is filed keeping further investigation open.

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Considering the submission regarding implication of the accused being based on the confessional statement of the accused driver, who is on bail in BLAPL No. 2955 of 2020 and the fact that the preliminary charge sheet has already been filed, the Court is of the considered view that the petitioner, who is implicated solely on the basis of confessional statement of the accused driver, should be released on bail.

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In the result, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper with conditions that he shall appear before the court concerned on each date of posting

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Page 2 of 2

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till the trial is concluded; in the meantime, he shall not indulge himself in any such criminal activities, while on bail;

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The BLAPL is accordingly disposed of.

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An urgent certified copy of this order be issued as per rules.

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(R.K.Pattanaik)

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Judge

Deepak Kumar Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Deepak Kumar Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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