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Bennela Umashankar @ v. Umashankar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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Orissa HC
2023
Bennela Umashankar @ v. Umashankar Vs State of OdishBennela Umashankar @ v. Umashankar v State of Odisha

Dismissed

Bennela Umashankar @ v. Umashankar v State of Odisha

Orissa HC21 Mar 2023BLAPL/204/2023

Case brief

AI extract

What is this about?

The Orissa High Court rejected this successive bail plea under Section 439 Cr.P.C. because there was no change in circumstances since the prior rejection by the Special Judge, Koraput. The court stated the petitioner may renew the prayer before the court in seisin.

What did the court decide?

The bail application stands rejected; petitioner directed to renew prayer before the Special Judge.

What the court decided

AI extract

Outcome

The bail application stands rejected; petitioner directed to renew prayer before the Special Judge.

Issue for consideration

Whether a successive bail application by the petitioner should be entertained given no change in circumstances. +1 more

Detailed headnote1 paragraphs

Rejection of successive bail application under Section 439 Cr.P.C. in an NDPS offence. The Court held that since there was no change in circumstances since the previous rejection by the lower court, it was not inclined to entertain the present application. The petitioner is directed to renew the prayer before the Special Judge.

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.204 of 2023

Bennela Umashankar @ V. …. Petitioner Umashankar

Mr. S. K. Nayak, Advocate

-versus-

State of Odisha …. Opposite Party Mr. P. K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

ORDER 21.03.2023

Order No.

1. Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is accused in connection with T.R Case No.47 of 2022 pending on the file of the learned Addl. Sessions Judge-cum-Special Judge, Koraput, arising out of Pottangi P.S. Case No.57 of 2022 for commission of the offence under Section 20(b)(ii)C of the N.D.P.S. Act.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge, Koraput by order dated 22.12.2022, the present BLAPL has been filed.

Taking into account that there is no change in circumstance, this Court is not inclined to entertain this successive bail application.

Page 1 of 2

5. Accordingly, the BLAPL stands rejected.

It shall be open to the Petitioner to renew his prayer for grant of interim release before the learned Court in seisin which shall be considered on its own merit without being prejudiced by the earlier order passed or the order passed today by this Court.

With the aforesaid order, this BLAPL stands disposed of.

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

(V. NARASINGH)

PKS

Judge

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether a successive bail application by the petitioner should be entertained given no change in circumstances.
2.
Whether the High Court is inclined to allow a fresh bail prayer in an N.D.P.S. case.

Statutes considered

2 provisions across 2 enactments

AI extract

Narcotic Drugs and Psychotropic Substances Act20(b)(ii)C
Code of Criminal Procedure439

Parties & counsel

AI extract

petitioner
Bennela Umashankar @ V..
respondent
State of Odisha

Coram

AI extract

V. Narasingh

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 21 Mar 2023 · March
Registered: 6 Jan 2023
Case no.: BLAPL/204/2023
CNR: ODHC010010972023
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Disposed Off

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Cite this judgement

Bennela Umashankar @ v. Umashankar v State of Odisha, BLAPL/204/2023 (OD), decided on 21 March 2023.

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

Statutes2

Narcotic Drugs and Psychotropic Substances Act20(b)(ii)C
Code of Criminal Procedure439

View all statutes

Bench / Coram

V. Narasingh

Parties & counsel