Allowed

Phillip Raita v. State of Odisha

Orissa HC15 Sept 2023BLAPL/2789/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, Phillip Raita, accused of drug trafficking under the N.D.P.S. Act. The order notes his custody since October 2022, lack of contraband recovery from him, and non-presence at the crime spot, distinguishing it from a case involving similar antecedents.

What did the court decide?

Petitioner to be released on bail after furnishing a bond of Rs. 50,000 with two local solvent sureties for like amounts, subject to antecedent verification.

Phillip Raita 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.2789 of 2023

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Phillip Raita

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…. Petitioner Mr.S.K. Nayak, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P.C.Das, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

15.09.2023

This matter is taken up through Hybrid Arrangement (Virtual

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/Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Badagada P.S.Case No.261 of 2021 corresponding to Spl. G.R.No.34 of 2021 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar for alleged commission of offence under Sections 20(b)(ii) (C)/29 of the N.D.P.S.Act.

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It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 19.10.2022. In the meantime, the charge-sheet has been filed since 06.03.2023. Learned counsel for the Petitioner further contended that the Petitioner was not at the spot of occurrence. He was subsequently arrested on the allegation that he is owner of the vehicle. It was contended that no contraband articles was seized from the concession and exclusive possession of the Petitioner. It was further contended that the bar under Section 37 N.D.P.S. Act would not attracted to the facts of the present case. He also contended that the Petitioner does not have similar criminal

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// 2 //

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antecedents.

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Learned Additional Standing Counsel, on the other hand contended that the offences alleged in the F.I.R. are serious in nature. He further contended that no doubt the Petitioner was not present at the spot of occurrence, however, his involvement in the present crime cannot be altogether ruled out. It was also contended that keeping in view the illegal trafficking of contraband articles is rising day by day in the State of Odisha and no leniency should be shown to the Petitioner and accordingly submitted that the bail application of the petitioner be rejected.

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Considering the submission made by learned counsels appearing for the parties and on a conspectus of the surrounding facts and circumstances as well as the materials on record and the fact the Petitioner is in custody since 19.10.2022 and no recovery was made from the possession of the Petitioner, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(Rupees Fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be subject to verification of similar criminal antecedent. In the event, the Petitioner is having similar nature of antecedent involved in the offence under the N.D.P.S. Act, then this order stands automatically revoked.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( A.K. Mohapatra ) Judge

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 21-Sep-2023 11:03:26

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Anil

Phillip Raita v. State of Odisha

Case brief

What is this about?

What did the court decide?

Phillip Raita v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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