Disposed

Pradip Kumar v. State of Odisha

Orissa HC20 Nov 2023BLAPL/1112/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail application preferred by an accused in a narcotics case. Rejecting the prayer to entertain the plea at that stage due to the rigors of the NDPS Act and the fact only 4 witnesses were examined, the Court directed the accused to renew the prayer if the trial concluded after February 2024.

What did the court decide?

The bail application was dismissed by leaving it to be re-agitated before the Special Judge once the trial concludes by February 2024.

Pradip Kumar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1112 of 2023

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Pradip Kumar

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…. Petitioner

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Mr. M.M. Swain, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. K.K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 20.11.2023 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with T.R. Case No.66 of 2022, pending before the Court of the learned Additional Sessions Juge-cum-Special Judge, Gunupur, arising out of Gudari P.S. case No.41 of 2022, for commission of the alleged offence under Section-20(b)(ii)C/25/29 of NDPS Act. 3. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cumSpecial Judge, Gunupur, by order dated 16.12.2022 in the aforementioned case, the present BLAPL has been filed. 4. It is submitted by the learned counsel that the Petitioner is in custody since 20.05.2022 on the accusation of possessing contraband (ganja) to the tune of 180 kgs, was seized from the vehicle in which the Petitioner and co-accused were travelling. 5. Perused the report dated 15.11.2023 indicating that out of 20 C.S witnesses 04 witnesses have been examined and two

Order No.

Page 1 of 2

witnesses have been declined to be examined by the prosecution and case is posted to 07.12.2023 and 08.12.2023 for trial.

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It is also indicated that the trial is likely to be concluded within three months.

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Taking note of the same and keeping in view the rigors of Section-37(1)(b)(ii) of the NDPS Act, this Court is not inclined to entertain this bail application at this stage.

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Learned court in seisin is called upon to conclude the trial by the end of February, 2024. Failing which leave is granted to the Petitioner to renew his prayer before the learned Court in seisin.

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Registry is requested to do the needful.
10. Accordingly, the BLAPL stands disposed of.
(V. NARASINGH)
Judge

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Soumya

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Signature Not Verified

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Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 21-Nov-2023 18:22:49

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Pradip Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pradip Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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