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Narasingha Harijan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Narasingha Harijan Vs State of OdishaNarasingha Harijan v. State of Odisha

Dismissed

Narasingha Harijan v. State of Odisha

Orissa HC27 Oct 2022BLAPL/9932/2022

Case brief

AI extract

What is this about?

In a writ petition filed after the High Court rejected a bail petition under Section 439 Cr.P.C. in an NDPS case, the Court declined to entertain the matter as it was still at the investigation stage. The applicant was directed to approach the Special Court post-filing of the charge sheet.

What did the court decide?

BLAPL stands disposed of; directed to approach the Court in seisin after filing of charge sheet.

What the court decided

AI extract

Outcome

BLAPL stands disposed of; directed to approach the Court in seisin after filing of charge sheet.

Issue for consideration

Whether the High Court should entertain a bail application filed after the rejection of a bail application during the investigation stage. +2 more

Detailed headnote1 paragraphs

Under Article 226 of the Constitution, the High Court is not inclined to disturb the hold of an investigating court or entertain bail applications or writ petitions at the stage of investigation. The applicant must approach the Court in seisin after the filing of the charges.

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. 9932 of 2022

Narasingha Harijan

…. Petitioner

Mr. A.R. Panda, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. Karunakar Gaya, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

27.10.2022

Order No.

01.

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 connection with T.R. Case No.49 of 2022 pending on the file of learned Sessions Judge-cumSpecial Judge, Koraput at Jeypore, arising out of Jeypore Sadar P.S. Case No.250 of 2022, for alleged commission of offences under Sections 20(b)(ii)(C) of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Jeypore-Koraput by order dated 09.08.2022 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 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

Santoshi

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 after the rejection of a bail application during the investigation stage.
2.
Whether the High Court should intervene at a stage where the matter is still under investigation by the lower court.
3.
The propriety of disposing of a bail application that does not involve substantial questions of law or furthering the trial.

Statutes considered

2 provisions across 2 enactments

AI extract

Cr.P.C.439
NDPS Act20(b)(ii)(C)

Parties & counsel

AI extract

petitioner
Narasingha Harijan
respondent
State of Odisha

Coram

AI extract

V. NARASINGH

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 27 Oct 2022 · October
Registered: 11 Oct 2022
Case no.: BLAPL/9932/2022
CNR: ODHC010679802022
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Disposed Off

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Cite this judgement

Narasingha Harijan v. State of Odisha, BLAPL/9932/2022 (OD), decided on 27 October 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
NDPS Act20(b)(ii)(C)

View all statutes

Bench / Coram

V. NARASINGH

Parties & counsel