Bidyadhar @ Bidyadhara Swain Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Bidyadhar @ Bidyadhara Swain Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail refused; however, the Petitioner may surrender before the trial court within three weeks, and on such surrender the trial court is to dispose of the bail application the same day on merit in accordance with law, taking into consideration the facts and applying the principles of parity and the law laid down in Tofan Singh vs. State of Tamil Nadu (2021) 4 SCC 1; the case diary to be made available to the concerned court.

Issue for consideration

Whether the Petitioner deserves anticipatory bail under Section 482 B.N.S.S. for offences punishable under Sections 21(b) & 29 of the NDPS Act in C.T. Case No.201 of 2024. +1 more

Court's answer

This Court is not inclined to grant anticipatory bail to the Petitioner.

Ratio / Principle

The Petitioner, if so advised, may surrender before the court in seisin over the matter within three weeks from the date of the order.

Key takeaways

If the Petitioner surrenders and moves for bail within the aforesaid period, the learned court in seisin shall dispose of the bail application on the same day on merit in accordance with law.ratio¶5
While considering the bail application, the learned court in seisin shall consider the facts of the matter and apply the principles of parity and the law laid down by the Hon'ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1.ratio¶5
The case diary is to be made available to the concerned court to facilitate disposal of the Petitioner's bail application.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482, B.N.S.S. sought by the Petitioner in respect of offences punishable under Sections 21(b) & 29 of the NDPS Act (C.T. Case No.201 of 2024, Court of learned District & Session Judge, Jagatsinghpur, arising out of Balikuda P.S. Case No.323 of 2024): REFUSED. The Petitioner, who was not named in the F.I.R. and stands implicated on the basis of a co-accused statement with no alleged recovery from his exclusive possession, was observed to be at liberty to surrender before the court in seisin within three weeks; on surrender, the trial court is to dispose of the bail application the same day on merit, considering the facts and applying the principles of parity and the law laid down by the Supreme Court in Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1; the case diary to be made available to facilitate such disposal.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9528 of 2024

Bidyadhar @ Bidyadhara Swain

..... Petitioner

Represented By Adv. - Biswajit Tripathy

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – D.Nayak, AGA

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

03.09.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner and learned Counsel for the State. Perused the records.

This is an application under Section 482, B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 21(b) & 29 of NDPS Act in C.T. Case No.201 of 2024 of the Court of learned District & Session Judge, Jagatsinghpur arising out of Balikuda P.S. case No.323 of 2024.

It is stated by learned counsel for the Petitioner that initially the Petitioner was not named in the F.I.R., however, he has been implicated in the present case on the basis of the co-accused statement. He further submitted that nothing was recovered from the exclusive and conscious possession of the present Petitioner, therefore, the bar under Section 37 would not be attracted to the facts of the present case.

Considering the facts of the case, this Court is not inclined to

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grant anticipatory bail to the Petitioner. However, it is observed that the Petitioner, if so advised, may surrender before the learned court in seisin over the matter, in the aforesaid case within three weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned court in seisin over the matter, shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. Further, while considering the bail application of the Petitioner, learned Court in seisin over the matter shall consider the bail application taking into consideration the aforesaid facts of the matter and shall apply the principles of parity and the law laid down by the Hon’ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

( A.K. Mohapatra)

Judge

Anil

Signature Not Verified Page 2 of 2 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2024 10:39:30