Dismissed

Jitendra Behera v. State of Odisha

Orissa HC22 Nov 2023BLAPL/11451/2023

Case brief

AI extract

What is this about?

HC Orissa disposed of a bail application filed under Section 439 Cr.P.C. The Court declined to grant bail before the charge sheet because the quantity of seized ganja (30 kg 100 g) invoked strict provisions under Section 37 of the NDPS Act. The petitioner may approach the Court in seisin after filing of charges.

What did the court decide?

Bail application dismissed with liberty to apply to the Court in seisin after filing of charge sheet.

Jitendra Behera 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. 11451 of 2023

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Jitendra Behera

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…. Petitioner

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Mr. A.S. Paul, 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

ORDER

22.11.2023

Order No.

02.

Heard learned counsel for the petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with T.R. Case No.343 of 2023 pending in the Court of learned District and Sessions Judge, Khurda at Bhubaneswar, arising out of Airfield P.S. Case No.158 of 2023 for commission of the alleged offence under Sections 20(b)(ii)(C)/29 of the NDPS Act for possessing contraband (ganja) to the tune of 30 kg 100 grams.

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Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge (K) at Bhubaneswar by order dated 22.09.2023 in the aforementioned case, the present bail application has been filed.

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Taking into account the contraband seized is to the tune of 30 kg 100 grams, this Court is of the considered view that in terms of the stipulation in Section 37 of the NDPS Act, it would not be prudent to consider the application for bail, during currency of

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investigation without having the benefit of evaluation of incriminating materials qua the petitioner, post charge sheet by the learned Court in seisin.

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The petitioner is at liberty to move the learned Court in seisin after filing of charge sheet. If such an application is moved, the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rules.

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(V. NARASINGH)
Judge
Ayesha

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Nov-2023 19:05:15

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Jitendra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jitendra Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

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