Dismissed

Aladini Lima v. State of Odisha

Orissa HC16 Feb 2024ABLAPL/9324/2022

Case brief

AI extract

What is this about?

This High Court of Orissa refused anticipatory bail to the petitioner under Section 438 Cr.P.C. in an NDPS case. The Court held that custodial interrogation was necessary to unearth materials regarding ganja transportation and accordingly dismissed the application, vacating an interim order.

What did the court decide?

Application for anticipatory bail dismissed; interim order of 05.08.2022 vacated.

Aladini Lima 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.9324 of 2022

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Aladini Lima

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…. Petitioner

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Mr. Rajib Rath, Advocate

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-versus-

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State of Odisha

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…. Opposite Parties Mr. S.K. Nayak, AGA

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CORAM: MR. JUSTICE D.DASH ORDER 16.02.2024 Order No. 09. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

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The Petitioner having been implicated in Padmapur P.S. Case No.45 of 2022 corresponding to T.R. No.54 of 2022 registered for alleged commission of offence under sections 20(b)(ii)(C)/25/27(A) read with section 29 of the NDPS Act, pending on the file of the learned Additional Sessions Judgecum-Special Judge, Gunupur has filed this application under section 438 Cr.P.C. for her release on bail in the event of her arrest.

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Learned counsel for the Petitioner submits that this Petitioner being a member of the Panchayat Samiti has been unnecessarily arraigned in the case as an accused basing upon the statement of the co-accused that she and her husband were

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involved in transportation of contraband ganja, which had been seized. He further submits that the husband of the Petitioner being arrested is in custody and although it is said that there was some telephonic conversation between the Petitioner and the coaccused persons, the mobile phone set seized does not belong to the Petitioner. In view of these above, when the Petitioner has remained under interim protection for quite a long period and has not misused the liberty, he urges for grant of anticipatory bail to this Petitioner.

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Learned counsel for the State vehemently opposes the move. According to him, the Petitioner and her husband are the kingpins and as per the statement of co-accused persons, they were operating the transportation of ganja to outside by not directly coming into picture. He submits that here is a case where the custodial interrogation of the Petitioner is required to unearth much more materials in support of their involvement and, therefore, according to him, it is not a fit case for grant of anticipatory bail to the Petitioner.

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Considering the submissions made and on going through the case diary as placed further viewing the surrounding circumstances, this Court being of the view that custodial interrogation of the petitioner may stand as the necessity to unearth some more material shedding light on the affairs as to the transportation of ganja from the district to outside, is not inclined to grant of anticipatory bail to the petitioner. Accordingly, the ABLAPL stands dismissed.

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It is, however, observed that when the occasion would so arise for the learned court in seisin of the case to consider the matter relating to grant of regular bail to the Petitioner, the same shall be considered on its own merit and disposed of early in accordance with law without being influenced by this order.

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Interim order passed on 05.08.2022 stands vacated. Issue urgent certified copy as per rules.

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(D. Dash)
Judge

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Signature Not Verified

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Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 20-Feb-2024 14:24:02

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Aladini Lima v. State of Odisha

Case brief

What is this about?

What did the court decide?

Aladini Lima v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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