Dismissed

Adu Muduli @ Mallick v. State of Odisha

Orissa HC25 Jul 2023BLAPL/586/2023

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed the bail petition filed by an accused in an NDPS case (Special G.R. Case No.82 of 2022). The court refused to entertain the application due to the rigors of Section 37 of the NDPS Act, citing the nature of allegations, the petitioner's criminal proclivity in a related case involving a larger quantity of ganja, and the fact that he decamped. Relief was denied as t

What the court decided

AI extract

Adu Muduli @ Mallick Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.586 of 2023

¶3

Adu Muduli @ Mallick

¶4

…. Petitioner

¶5

Mr. B.K. Jena, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

Opposite Party

¶9

Mr. A. Pradhan, ASC

¶10

CORAM: JUSTICE V. NARASINGH

¶11

ORDER 25.07.2023

¶12

Order No. 03. 1. Heard learned counsel for the petitioner and learned counsel for the State.

¶13

The petitioner is an accused in connection with Special G.R. Case No.82 of 2022, pending in the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Orkel P.S. Case No.90 of 2022, for commission of alleged offences under Section 20(b)(ii)(C) of NDPS Act.

¶14

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 28.11.2022 in the aforementioned case, the present BLAPL has been filed.

¶15

It is submitted by the learned counsel that the petitioner is in custody since 08.09.2022 and as charge sheet has been filed on 05.11.2022, he may be released on bail.

¶16

It is the submission of the learned counsel for the petitioner that the basis of implication is on account of the co-accused statement.

¶17

Page 1 of 2

¶18

Learned counsel for the State opposes the prayer for bail.

¶19

It is seen that the contraband to the tune of 302Kgs 400gms (Ganja) was seized and it is on record that the petitioner decamped while being apprehended.

¶20

Considering the nature of allegations and keeping in view the criminal proclivity of the petitioner inasmuch as he is an accused in Chitrakonda P.S. Case No.67 of 2022 under Section 20(b)(ii)(C) of NDPS Act and the quantity in the said case being 1600kgs of Ganja, this Court is not inclined to entertain the bail application at this stage, keeping in view the rigors of Section 37 of the NDPS Act.

¶21

Accordingly, the BLAPL stands disposed of.

¶22

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

¶23

(V. NARASINGH)
Ayesha Judge

¶24

Signature Not Verified

¶25

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 26-Jul-2023 14:53:36

¶26

Page 2 of 2

Adu Muduli @ Mallick v. State of Odisha

Case brief

What is this about?

What the court decided

Adu Muduli @ Mallick v. State of Odisha

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajesh Kumar Prusty @ Rajesh Prusty Vs State of Odisha

Benu Nayak Vs State of Odisha

K.Srinivas Vs State of Odisha

Kapuna @ Gagan Nayak Vs State of Odisha

Dhanesh Sisa @ Shisha Vs State of Odisha

Abinash Parida Vs State of Odisha