Nilu @ Lilu Pradhan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Nilu @ Lilu Pradhan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

No anticipatory bail granted; conditional release-on-bail directive issued: bail upon surrender within three weeks before the Special Judge (NDPS), Khallikote, subject to Rs.15,000/- deposit, verification of criminal antecedents, and ineffectiveness of the order if antecedents are found.

Issue for consideration

Whether the Court should grant anticipatory bail (S. 438 CrPC) to the petitioner in apprehension of arrest, given alleged involvement in offences under Sections 20(b)(ii)C NDPS Act.

Court's answer

This Court was not inclined to grant anticipatory bail, taking into account the allegations in the FIR and materials on record, the circumstances, and the seriousness and gravity of the offences.

Ratio / Principle

Conditional directive: if the Petitioner surrenders and moves for bail within a period of three weeks in connection with Beguniapada PS Case No.80 of 2024 / Spl. GR Case No.6 of 2024 before the Additional Sessions Judge-cum-Special Judge (NDPS), Khallikote, he shall be released on bail on terms deemed just and proper by that court, subject to deposit of Rs.15,000/-.

Key takeaways

The learned Special Judge (NDPS), Khallikote is directed to verify the criminal antecedent of the Petitioner as part of the conditional release.ratio¶21
If the court finds any criminal antecedent of the Petitioner, this order shall not be given effect to; on that basis the ABLAPL is disposed of.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail application (ABLAPL No.3794 of 2024) filed under S. 438 CrPC by Nilu @ Lilu Pradhan, allegedly involved in offences under Sections 20(b)(ii)C NDPS Act (counsel stated contraband seized at 25 Kg 900 gram). The Court, weighing the FIR allegations, materials on record and the gravity of offences, was not inclined to grant anticipatory bail. Instead it issued a conditional directive: if the petitioner surrendered and moved for bail within three weeks before the learned Additional Sessions Judge-cum-Special Judge (NDPS), Khallikote (Beguniapada PS Case No.80 of 2024 / Spl. GR Case No.6 of 2024), he would be released on bail on terms deemed just by that court, subject to deposit of Rs.15,000/-, with verification of his criminal antecedents; the order would not take effect if antecedents were found. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3794 of 2024

Nilu @ Lilu Pradhan

…. Petitioner

Mr. S. K. Bhanjadeo, Advocate

-versus-

State of Odisha

…. Opp. Party Mr. M. K. Mohanty, ASC

CORAM:

JUSTICE CHITTARANJAN DASH

ORDER

Order No.

26.04.2024

Heard learned counsel for the Petitioner and the State.

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 under Sections 20(b)(ii)C NDPS Act.

Learned counsel for the Petitioner submits that the Petitioner is allegedly to have fled away from the spot and he has been entangled in this case on the basis of the confessional statement of the co-accused. The total amount of contraband article seized is to the tune of 25 Kg 900 gram.

Keeping in view the allegations appearing in the FIR and other documents and the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail

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in connection with Beguniapada PS Case No.80 of 2024 corresponding to Spl. GR Case No.6 of 2024 pending before the learned Additional Sessions Judge-cum-Special Judge (NDPS), Khallikote within a period of three weeks hence, the Petitioner shall be released on bail on such terms and conditions as would be deemed just and proper by the said court subject to deposit of Rs.15,000/- (Rupees Fifteen Thousand only) in the manner to be directed by the said court. The learned court shall, however, verify the criminal antecedent of the Petitioner.

In case the court finds any criminal antecedent, this order shall not be given effect to. 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: 26-Apr-2024 16:53:55

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