Dismissed

Damburudhar Pangi v. State of Odisha

Orissa HC14 Nov 2023BLAPL/9022/2023

Case brief

AI extract

What is this about?

This Order dismisses a bail application filed under Section 439 Cr.P.C. in a Special G.R. Case under the NDPS Act. The High Court held that possessing a prima facie case exists against the petitioner and, in light of Section 37(1)(b)(ii) of the NDPS Act, was not inclined to entertain the application.

What did the court decide?

The bail application was not entertained; liberty granted to renew before the Special Judge after examining material witnesses.

Damburudhar Pangi 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. 9022 of 2023

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Damburudhar Pangi

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…. Petitioner

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Mr. D.K. Sahoo, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER 14.11.2023

Order No.

03.

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

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The petitioner is accused in connection with Special G.R. Case No.34 of 2023, pending in the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrakonda P.S. Case No.22 of 2023 for alleged commission of offences under Section 20(b)(ii)(C) of the NDPS Act

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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-cum-Special Judge, Malkangiri by order dated 26.07.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the alleged occurrence in the case at hand took place on 31.01.2023 on which date an auto rickshaw bearing registration No.OD-30-D-6975 was detained by the police personnel during patrolling and on being accosted the driver of the auto rickshaw fled away, though the police gave a chase they could not nab him.

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Page 1 of 2

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From the auto rickshaw contraband to the tune of 374Kgs 100gms (ganja) was recovered and investigation was taken up in right earnest. It is alleged that the auto rickshaw belongs to the Petitioner and the seizure of Aadhar card of the Petitioner from the auto rickshaw which is sought to be established through CSW No.3.

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It is submitted by the learned counsel that the Petitioner was taken into custody on 03.04.2023 and it is stated that the because of the circumstances of the seizure conscious and exclusive possession cannot be attributed to the Petitioner.

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Learned counsel for the State refutes such submission. He submits on the basis of materials on record more particularly relying on CSW No.1, BiJay Kumar Majhi that proof of identity such as Aadhar Card of the Petitioner was seized. It also came to the fore that the Petitioner is the owner of the auto rickshaw and he relies on the statement of CSW No.3 in this regard. There is no explanation regarding the steps taken from 31.01.2023 till the Petitioner was arrested on 03.04.2023, to trace his auto rickshaw. Hence, learned counsel for the State seeks dismissal of BLAPL.

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On the basis of materials on record, this Court is not persuaded to hold that there is no prima facie case against the Petitioner. Hence, keeping in view the bar contained in Section 37(1)(b)(ii) of NDPS Act, this Court is not inclined to entertain the bail application at this stage.

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Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin after examination of material witnesses.

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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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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 15-Nov-2023 19:09:21

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Damburudhar Pangi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Damburudhar Pangi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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