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Mitu Majhi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Mitu Majhi Vs State of OdishaMitu Majhi v. State of Odisha

Dismissed

Mitu Majhi v. State of Odisha

Orissa HC28 Jul 2022BLAPL/10721/2021

Case brief

AI extract

What is this about?

High Court of Orissa dismissed a bail application (BLAPL) where the petitioner was in custody for NDPS offences. The prayer was dismissed because it was previously rejected by the Trial Court, granting liberty to renew the prayer before the Trial Court citing new developments.

What did the court decide?

Petitioner granted liberty to renew bail prayer before the Trial Court citing developments.

What the court decided

AI extract

Outcome

Petitioner granted liberty to renew bail prayer before the Trial Court citing developments.

Issue for consideration

Whether the bail prayer of the petitioner should be allowed or dismissed in the circumstances.

Detailed headnote1 paragraphs

This judgment dismisses a bail application wherein the petitioner, a sequestrate under the N.D.P.S. Act, had previously had their bail prayer rejected by the Trial Court. The High Court observed that the prayer remains unchanged and granted liberty to the petitioner to renew the application before the Trial Court with any new developments. The High Court did not exercise its own discretion to grant bail.

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.10721 of 2021

Mitu Majhi

…. Petitioners Mr.S.K. Baral, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. S.K. Nayak, AGA

CORAM:

MR. JUSTICE D.DASH ORDER

Order No.

28.07.2022

This matter is taken up through hybrid arrangement (virtual/physical mode).

This is the successive journey of this petitioner, who is in custody in connection with Padmapur P.S. Case No.11 of 2019 corresponding to C.T. Case No.15 of 2019 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Gunupur for offence punishable under sections 20(b)(ii)(C) of the N.D.P.S. Act in filing this application under section 439, Cr.P.C. for his release on bail.

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

Keeping in view the submissions made, the record being perused, it is seen that the prayer for bail of this Petitioner was last rejected by the Trial Court on 04.08.2021. In that view of the matter, this application stands disposed of granting liberty to the Petitioner to renew his prayer before the Trial Court citing all such developments which have taken place in the meantime for their consideration in proper prospective and disposal in accordance with law.

The BLAPL is accordingly dismissed. Issue urgent certified copy as per rules.

(D. Dash) Judge

H

Page 1 of 1

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the bail prayer of the petitioner should be allowed or dismissed in the circumstances.

Statutes considered

2 provisions across 2 enactments

AI extract

Cr.P.C.439
N.D.P.S. Act20(b)(ii)(C)

Parties & counsel

AI extract

petitioner
Mitu Majhi
respondent
State of Odisha

Coram

AI extract

D. Dash

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 28 Jul 2022 · July
Registered: 2 Dec 2021
Case no.: BLAPL/10721/2021
CNR: ODHC010821082021
Topic: Narcotics (NDPS)
Bench: D.dash
Disposal: Disposed Off

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Cite this judgement

Mitu Majhi v. State of Odisha, BLAPL/10721/2021 (OD), decided on 28 July 2022.

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

Statutes2

Cr.P.C.439
N.D.P.S. Act20(b)(ii)(C)

View all statutes

Bench / Coram

D. Dash

Parties & counsel