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Gajendra Singh Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Gajendra Singh Vs State of OdishaGajendra Singh v. State of Odisha

Allowed

Gajendra Singh v. State of Odisha

Orissa HC16 May 2022BLAPL/9413/2020

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 439 Cr.P.C arising from an NDPS case, the Orissa High Court directed the release of the petitioner on bail. The court noted the lack of material connecting the petitioner to the crime and the manner of seizure of contraband.

What did the court decide?

The petitioner was directed to be released on bail on terms to be fixed by the learned court in seisin over the matter.

What the court decided

AI extract

Outcome

The petitioner was directed to be released on bail on terms to be fixed by the learned court in seisin over the matter.

Issue for consideration

Whether the petitioner should be released on bail given the lack of material connecting him to the alleged crime and the manner of seizure of contraband. +1 more

Detailed headnote1 paragraphs

The High Court of Orissa allowed the bail application filed by the petitioner in an NDPS case. Considering the manner of seizure of contraband, the absence of materials connecting the petitioner to the alleged crime, and the period of custody, the Court directed his release on bail to be fixed by the learned court in seisin to ensure his presence at trial.

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. 9413 OF 2020

Gajendra Singh ……… Petitioner

Mr. S.K. Das, Advocate

-versus-

State of Odisha

...……… Opposite Party Mr. P. Mohapatra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER 16.05.2022

Order No.

This matter is taken up through Hybrid Mode.

The petitioner is an accused in 2(a) C. C. Case No. 01 of 2020 on the file of the learned Sessions Judge-cum- Special. Judge, Mayurbhanj arising out of P.R. No. 43 of 2020-21 alleged for commission of offence Under Sections- 20(b)(ii)(c) of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/Sec. 439 Cr.P.C by the learned. Sessions Judge-cumSpecial. Judge, Mayurbhanj by Order dtd. 15.12.2020 in 2(a) C.C. Case No. 01 of 2020, the present BLAPL has been filed.

Heard Mr. S.K. Das, learned counsel for the petitioner and Mr. P.Mohapatra, learned counsel for the State.

Page 1 of 2

Learned counsel for the petitioner submits that from the manner of seizure of the contraband, it cannot be said that the petitioner was in conscious and exclusive possession of the same in as much as there is no materials on record to connect the petitioner with the alleged crime.

Taking into account, the period of custody and the role ascribed to the petitioner, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter, so as to ensure his presence on each date of

Balaram

trial.
7. The Bail Application thus stands disposed of.
8. Urgent certified copy of this order be granted as per rule.
( V.Narasingh )
Judge

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner should be released on bail given the lack of material connecting him to the alleged crime and the manner of seizure of contraband.
2.
Whether the period of custody and the role ascribed to the petitioner justify granting bail in the arrested case.

Statutes considered

2 provisions across 2 enactments

AI extract

CrPC439
NDPS Act20

Parties & counsel

AI extract

petitioner
Gajendra Singh
respondent
State of Odisha
respondent
Mr. P. Mohapatra

Coram

AI extract

V. Narasingh

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 16 May 2022 · May
Registered: 23 Dec 2020
Case no.: BLAPL/9413/2020
CNR: ODHC010786492020
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Allowed

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Cite this judgement

Gajendra Singh v. State of Odisha, BLAPL/9413/2020 (OD), decided on 16 May 2022.

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

Statutes2

CrPC439
NDPS Act20

View all statutes

Bench / Coram

V. Narasingh

Parties & counsel