Allowed

Soren @ Surendra Digal v. State of Odisha

Orissa HC15 Mar 2023BLAPL/10675/2022

Case brief

AI extract

What is this about?

Court allowed bail for petitioner arrested in connection with large quantity of ganja recovery, finding absence of independent material showing complicity despite claim that informant disclosed petitioner's name.

What did the court decide?

Petitioner released on bail on terms including appearance before IIC of Gochhapada police station every Sunday at 10:00 a.m. for one year or till conclusion of trial.

Soren @ Surendra Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 10675 of 2022

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Soren @ Surendra Digal

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…. Petitioner

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Mr. A.R. Panda, Advocate

-Versus -

State of Odisha

…. Opp.Party

Mr. S.N. Das, Advocate

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CORAM: JUSTICE SASHIKANTA MISHRA

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ORDER_ 15.03.2023

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Order No. 05.

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This matter is taken up through hybrid mode.

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

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The petitioner is in custody since 11.11.2021 in connection with Gochhapada P.S. Case No. 46 of 2020 corresponding to C.T. Case No. 41-A/2020 pending in the Court of learned District & Sessions Judgecum-Special Judge, Phulbani for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

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It is alleged that huge quantity of ganja, i.e., 850 kgs was recovered from the house of one Narottam Palia. It is stated that there were other persons present at the spot, but on seeing the police, they ran away. While in police custody, the said Narottam Palia is said to have disclosed the name of the present petitioner as being one of the said persons. Fact remains that the contraband was seized from the house premises of Narottam Palia. There is no other independent material showing the involvement of the petitioner in the alleged occurrence. Therefore, even though a huge amount of ganja was recovered, yet in the absence of prima facie materials to show the

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complicity of the petitioner in the occurrence, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall appear before the IIC of Gochhapada police station on every Sunday at 10.00 a.m. for a period of one year or till conclusion of the trial whichever is earlier.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application

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( Sashikanta Mishra)
Judge

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A.K. Rana

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Soren @ Surendra Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Soren @ Surendra Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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