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Nanda Soura Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Nanda Soura Vs State of OdishaNanda Soura v. State of Odisha

Dismissed

Nanda Soura v. State of Odisha

Orissa HC16 Nov 2022BLAPL/10248/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court held that since the lower court was seized of the matter during investigation, it was not inclined to entertain the application at that stage. The petitioner was directed to move the court in seisin after the filing of the charge-sheet.

What did the court decide?

The BLAPL is disposed of; the petitioner is directed to move the learned Court in seisin after filing of the charge-sheet.

What the court decided

AI extract

Outcome

The BLAPL is disposed of; the petitioner is directed to move the learned Court in seisin after filing of the charge-sheet.

Issue for consideration

Whether the High Court should entertain a bail application filed against an order rejecting bail during the investigation phase. +2 more

Detailed headnote1 paragraphs

The High Court held that bail applications are generally decided after the filing of a charge-sheet. Since the lower court was seized of the matter during investigation, the High Court was not inclined to entertain the application at that stage. It was directed to approach the lower court after the charge-sheet is filed.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10248 of 2022

Nanda Soura

…. Petitioner

Mr. R.L. Pattnaik, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. K.K. Gaya, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

16.11.2022

Order No.

02.

This matter is taken up through hybrid mode.

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

The Petitioner is an accused in G.R. Case No.100 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Mathili P.S. Case No.131 of 2022, for commission of alleged offence under Section 20(b)(ii)C/27-A/29 of the N.D.P.S Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Malkangiri by order dated 20.06.2022 in the aforementioned case, the present BLAPL has been filed.

Since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage.

Page 1 of 2

It shall be open to the petitioner to move the learned Court in seisin over the matter after filing of charge sheet and the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

(V. NARASINGH)

Judge

PKS

Page 2 of 2

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the High Court should entertain a bail application filed against an order rejecting bail during the investigation phase.
2.
Whether the bail application is maintainable before the filing of the charge-sheet.
3.
Whether the matter was disposed of in limine because the court was not inclined to entertain it at that stage.

Statutes considered

2 provisions across 2 enactments

AI extract

Code of Criminal Procedure, 1973439
Narcotic Drugs and Psychotropic Substances Act, 198520/27-A/29

Parties & counsel

AI extract

petitioner
Nanda Soura
respondent
State of Odisha

Coram

AI extract

V. NARASINGH

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 16 Nov 2022 · November
Registered: 18 Oct 2022
Case no.: BLAPL/10248/2022
CNR: ODHC010704262022
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Disposed Off

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Cite this judgement

Nanda Soura v. State of Odisha, BLAPL/10248/2022 (OD), decided on 16 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Code of Criminal Procedure, 1973439
Narcotic Drugs and Psychotropic Substances Act, 198520/27-A/29

View all statutes

Bench / Coram

V. NARASINGH

Parties & counsel