Raja @ Rajesh Sahu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Raja @ Rajesh Sahu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail declined; however, if the petitioner surrenders and moves for bail in Special Case No.(NDPS Act) 161 of 2023 before the learned Addl. Sessions Judge, Boudh within three weeks, he shall be admitted to bail on such terms and conditions as deemed just and proper by that court, subject to deposit of Rs.20,000/-.

Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner in apprehension of arrest for his alleged involvement in offences under Section 20(b)(ii)(C) NDPS Act (seizure of 41 Kg. 200 Grams of ganja).

Court's answer

This Court was not inclined to grant anticipatory bail, considering the submissions of counsel, the nature of allegations, the circumstances appearing, and the seriousness and gravity of the offences.

Ratio / Principle

Conditional relief was directed: in the event the petitioner surrenders and moves for bail in connection with Special Case No.(NDPS Act) 161 of 2023 (arising out of Kantamal P.S. Case No.114 of 2023) before the learned Addl. Sessions Judge, Boudh, within three weeks, he shall be admitted to bail on terms deemed just and proper by that court.

Key takeaways

Admission to bail upon surrender is made subject to deposit of Rs.20,000/- (Rupees Twenty Thousand only) in the manner to be directed by the court.ratio¶¶22

Detailed headnote1 paragraphs

Anticipatory bail (S.438 Cr.P.C.) sought by Raja @ Rajesh Sahu for alleged offence under S.20(b)(ii)(C) NDPS Act, following seizure of 41 Kg. 200 Grams of contraband ganja on 17.07.2023 and lodging of Kantamal P.S. Case No.114 of 2023; charge-sheet filed showing the petitioner as an absconder. Considering the seriousness and gravity of the offences, the High Court (Justice Chittaranjan Dash, order dated 15.04.2024) was not inclined to grant anticipatory bail, but directed that if the petitioner surrenders and moves for bail within three weeks in Special Case No.(NDPS Act) 161 of 2023 pending before the learned Addl. Sessions Judge, Boudh, he shall be admitted to bail on terms deemed just and proper by that court, subject to deposit of Rs.20,000/-. ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 402 of 2024

Raja @ Rajesh Sahu

…. Petitioner

Mr. S.K. Jena, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. D. Biswal, ASC

CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

15.04.2024

Heard learned counsel for the Petitioner and the State.

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

Perusal of the FIR reveals that on 17.07.2023 at about 11.25 A.M, the informant received a reliable information that the petitioner was illegally transporting huge quantity of contraband ganja to other state, the informant along with other staff reached at the spot and seized the above said contraband ganja i.e. 41 Kg. 200 Grams, upon these allegations the present FIR has been lodged against the petitioner.

Learned counsel for the State submits that the charge-sheet in this case has already been submitted showing the Petitioner as an absconder.

Considering the submissions of the learned counsels for the parties, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not

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inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection to Special Case No.(NDPS Act) 161 of 2023 arising out of Kantamal P.S. Case No.114 of 2023 pending in the court of learned Addl. Sessions Judge., Boudh within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to deposit of Rs.20,000/- (Rupees Twenty Thousand only) in the manner to be directed by the court.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash)
Judge
Bijay

Signature Not Verified

Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 16-Apr-2024 18:47:17

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