Dismissed¶22

Sitaram Khatua v. State of Odisha

Orissa HC6 Mar 2024ABLAPL/32/2024

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail application dismissed; Section 438 CrPC; Section 37 NDPS Act statutory bar; commercial quantity ganja (35 kg) seized from vehicle OD-15-D-2276 after 24.08.2018 accident; Sonepur PS Case No.121 of 2018; delayed implication via witness examination on 27.07.2020; charge-sheet filed; petitioner shown as absconder; High Court of Orissa at Cuttack; ABLAPL No.32 of 2024; Justice Chittaranjan Dash; order dated 06.03.2024.

What did the court decide?

While considering an application under Section 438 CrPC, this Court does not enter into the contradictions and discrepancies appearing in the evidence. ¶22

Sitaram Khatua Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.32 of 2024

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Sitaram Khatua …. Petitioner

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Mr. S. Panda, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. D. Biswal, ASC

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CORAM: JUSTICE CHITTARANJAN DASH ORDER

Order No.

06.03.2024

Heard learned Counsel for the Petitioner and the State.

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

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The learned counsel for the Petitioner submits that initially the vehicle bearing No.OD-15-D-2276 met with an accident on 24.08.2018 and the vehicle involved in the said accident is one TVS Scooty bearing Regd. No.OD-27-6151 belongs to Smt. Kabita Patra, a Forester engaged in Sonepur Forest Section. According to the statement of said Smt. Kabita Patra, while she was proceeding from her bit area to Sonepur Saradhapali main road along with another Forest Guard, the said vehicle OD-15-

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2276 that came from Sonepur side towards Saradhapali dashed to the herd of cow and so also her scooty and finally dashed against a tree by the road side and she saw Sitaram Khatua, the present Petitioner was driving the said vehicle and he ran away after the accident leaving the spot. It is further submitted by the learned counsel for the Petitioner that subsequently on 25.08.2018 while the Police initiated investigation in connection with Sonepur PS Case No.121 of 2018, during search of the said vehicle No.OD-15D-2276, one white colour plastic gunny kept on the back seat of the said vehicle, found smell of ‘ganja’ and upon compliance of the statutory formality in presence of the Executive Magistrate, the same was seized. The gunny bag was having weight of 35 kg. 100 gr. and the ‘ganja’ was 35 kg. It is the submission of the learned counsel for the Petitioner that though the ‘ganja’ was detected immediately on the very next date, the Petitioner was not entangled in the case until the examination of the witness on 27.07.2020. According to the learned counsel for the Petitioner, the aforesaid allegation implicating the present Petitioner is an afterthought, concocted one and as such he is no way involved in the alleged incident and entitle to the the pre-arrest bail are the statutory bar under Section 37 of the NDPS Act is not applicable to him.

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The learned counsel for the State on the other hand submitted that the mere delay in examination of the witness who disclosed the name of the driver known to her who fled away from the spot would no way absolve the Petitioner from the commission of the crime and the charge-sheet in this case having been submitted and

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// 3 //

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the Petitioner having shown as absconder, the Petitioner is not entitled to pre-arrest bail;

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From the submission made by the learned counsel for the parties, the discrepancy appearing in the investigation as submitted by the learned counsel for the Petitioner might have bearing on the fate of the case when the Petitioner would stand on trial. While considering the application under Section 438 CrPC, this Court is not to enter into the contradictions and discrepancies appearing in the evidence and as such there being material to implicate the Petitioner prima facie in the alleged offence wherein the quantum of ‘ganja’ detected being more than commercial quantity, the Petitioner cannot avoid the statutory bar enumerated under Section 37 of the NDPS Act and as such this Court is not inclined to admit the pre-arrest bail of the Petitioner. The ABLAPL is dismissed.

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(Chittaranjan Dash)
Judge

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AKPradhan

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Signature Not Verified

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Digitally Signed Signed by: ANANTA KUMAR PRADHAN Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 07-Mar-2024 18:53:07

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Page 3 of 3

Sitaram Khatua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sitaram Khatua v. State of Odisha

Case brief

What is this about?

What did the court decide?

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