Dismissed

Dambaru Khila v. State of Odisha

Orissa HC7 Nov 2023BLAPL/5718/2023

Case brief

AI extract

What is this about?

High Court of Orissa rejected the accused petitioners' bail application in a special grant case under NDPS Act, declining to entertain it due to large contraband quantity and pending independent witness examination, while granting leave to renew the prayer later.

What did the court decide?

Leave granted to renew the bail prayer before the learned Special Judge after examination of material witnesses. The BLAPL is disposed of.

Dambaru Khila 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.5718 of 2023

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Dambaru Khila & Another

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…. Petitioners

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Ms. M. Mishra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. A. Pradhan, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

07.11.2023

Order No.

04.

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

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The petitioners are accused in Special G.R. Case No.79 of 2022, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrakonda P.S. Case No.59 of 2022, for alleged commission of offence under Sections 20(b)(ii)(C) of the NDPS Act.

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge, Malkangiri by order dated 27.02.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioners are in custody since 10.05.2022 on the accusation of possession of contraband to the tune of 1715Kgs 800gms (Ganja).

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It is submitted by the learned counsel for the Petitioners relying on the deposition of the witnesses Nos.1 to 7 that no case is made out against the Petitioners.

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Page 1 of 2

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Perused the report submitted by the learned Court in seisin indicating that 8 witnesses have been examined and the case is posted to 15.11.2023 and 16.11.2023 for further hearing.

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Learned counsel for the State opposes the prayer for bail relying on the bar contained in Section 37(1)(b)(ii) of NDPS Act and also that independent witnesses are yet to be examined. Hence, submits that the bail application of the Petitioner ought not to be considered at this stage.

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Considering the quantum of contraband as noted and the background in which the seizure has been made, this Court is not inclined to entertain the bail application at this stage.

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Leave is granted to the Petitioners to renew their prayer before the learned Court in seisin at a later stage after examination of material witnesses.

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The BLAPL is accordingly disposed of.

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

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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: 08-Nov-2023 18:54:31

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Page 2 of 2

Dambaru Khila v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dambaru Khila v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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