Goutam Biswas Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Goutam Biswas Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail refused; petitioner given liberty to surrender before the learned Sessions Judge-cum-Special Judge, Malkangiri within three weeks, with directions that regular bail be considered in the first hour on merits, that a rejected application be taken the same day to the higher forum in the second hour (subject to verification of criminal antecedents), and that the case diary be made available to the courts below.

Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner, who apprehends arrest for alleged involvement in offences under Sections 20(b)(ii)(C) and 27 of the NDPS Act (Kalimela PS Case No.252 of 2022 / Special GR Case No.152 of 2022).

Court's answer

This Court was not inclined to grant anticipatory bail, having regard to the nature and gravity of the allegations and the circumstances appearing, but gave the petitioner liberty to surrender before the learned Sessions Judge-cum-Special Judge, Malkangiri within three weeks.

Ratio / Principle

Upon surrender, the court in seisin over the matter shall consider the petitioner's bail application in the first hour of the day, strictly on the basis of the materials available on record, on its own merit.

Key takeaways

If the bail application is rejected by the learned court, the petitioner may move for bail before the higher forum in the second hour of the same day, and that forum shall consider and dispose of the application on its own merit, subject to verification of criminal antecedents.ratio¶19
The case diary is to be made available to the learned courts below for consideration of the bail applications.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail under S.438 Cr.P.C. sought in apprehension of arrest for alleged offences under Ss. 20(b)(ii)(C)/27 NDPS Act (Kalimela PS Case No.252 of 2022, corresponding to Special GR Case No.152 of 2022): refused by the High Court of Orissa in view of the nature, seriousness and gravity of the allegations; petitioner permitted to surrender before the Sessions Judge-cum-Special Judge, Malkangiri within three weeks, with the court in seisin to consider bail in the first hour of the day strictly on record and on its own merit; upon rejection, the higher forum to entertain the application the same day in the second hour, on its own merit, subject to verification of criminal antecedents; case diary to be made available to the courts below. ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1158 of 2024

Goutam Biswas …. Petitioner

Mr. R.L. Pattnaik, Advocate

-versus-

State of Odisha

…. Opp. Party Mr. S. Patra, ASC

CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

14.03.2024

Heard learned Counsel for the Petitioner and the State.

By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s. 20(b(ii)(C)/27 NDPS Act.

Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, more so, the age of the female Petitioner, while this Court is not inclined to grant anticipatory bail, the Petitioner is at liberty to surrender before the learned Sessions Judge-cum-Special Judge, Malkangiri in connection with Kalimela PS Case No.252 of 2022 corresponding to Special GR Case No.152 of 2022 within three weeks from today and moves for bail the

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learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record on its own merit.

In case of rejection of the bail application by the learned court, the Petitioner move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application on its own merit subject to verification of criminal antecedent.

Case diary be made available to the learned courts below.

In any case, the court shall apply its wisdom in dealing with the application for bail in allowing or rejecting it. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge

AKPradhan

Signature Not Verified

Digitally Signed Signed by: ANANTA KUMAR PRADHAN Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 15-Mar-2024 14:56:20

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