Panchanan Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Panchanan Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Liberty granted to the Petitioner to move a fresh bail application before the learned Trial Court, which shall consider the application keeping in view the Court's observations and pass necessary order in accordance with law.

Issue for consideration

Whether regular bail under Section 439 of Cr.P.C. can be granted to the petitioner in connection with Special (NDPS) Case No.111 of 2023 (arising out of Manamunda P.S. case No.94 of 2023) for alleged offence under Sections 20(b)(ii)(C)/29 of N.D.P.S. +1 more

Court's answer

The Court disposed of the bail application by granting liberty to the petitioner to move a fresh bail application before the learned Trial Court, directing that the Trial Court consider the application keeping in view the Court's aforesaid observations and pass necessary order in accordance with law.

Ratio / Principle

On perusal of the impugned rejection order (dated 15.11.2023), the Court found that the learned Trial Court had not dealt with the point raised by the petitioner's counsel concerning exclusive/concessive possession of contraband, Government duty, and the applicability of the Section 37 bar.

Detailed headnote1 paragraphs

Bail application (BLAPL No.1558 of 2024) under Section 439 of Cr.P.C. before the High Court of Orissa at Cuttack (Justice A.K. Mohapatra, single judge), decided 19.03.2024, seeking regular bail for petitioner Panchanan Sahu in Special (NDPS) Case No.111 of 2023, arising out of Manamunda P.S. case No.94 of 2023, for alleged offence punishable under Sections 20(b)(ii)(C)/29 of N.D.P.S., pending before the learned Additional District & Sessions Judge, Kantamal, Boudh. Counsel argued that the Trial Court's earlier bail-rejection order dated 15.11.2023 had failed to address whether the bar under Section 37 was attracted, contending that the petitioner is a Government employee who was engaged in Government duty on the date of occurrence (in support of which a memo dated 08.11.2023 issued on the signature of the Forest Range Officer, Manamunda Range was referred) and that no contraband articles were recovered from the exclusive and concessive possession of the petitioner. Observing, on perusal of the impugned rejection order, that the learned Trial Court had not dealt with that point, the High Court disposed of the BLAPL by granting liberty to the petitioner to submit a fresh bail application before the Trial Court, which is to consider the application keeping in view these observations and pass necessary order in accordance with law. No precedent was cited and no bail decision was taken by this High Court itself.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1558 of 2024

Panchanan Sahu

…. Petitioner Mr. J.K. Panda , Advocate

-versus-

State of Odisha

…. Opp. Party Mr. D. Nayak, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

19.03.2024

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

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with Special (NDPS) Case No.111 of 2023, arising out of Manamunda P.S. case No.94 of 2023, pending in the Court of learned Additional District & Sessions Judge, Kantamal, Boudh for alleged commission of offence punishable under Sections 20(b)(ii)(C)/29 of N.D.P.S.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is

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submitted by the learned counsel for the Petitioner that learned Court in seisin over the matter rejected bail of the petitioner vide order dated 15.11.2023. Learned counsel for the Petitioner further contended that the Petitioner is a Government employee and on the date of occurrence, the Petitioner was engaged in govt. duty. In support of his contention, he further referring Memo dated 08.11.2023 issued on the signature of the Forest Range Officer, Manamunda Range. He further contended that no contraband articles were recovered from the exclusive and concessive possession of the Petitioner. In such view of the matter, it is stated that the bar under Section 37 would not be attracted to the facts of the present case.

On perusal of the impugned rejection order it appears that learned Trial Court has not dealt with the aforesaid point. Accordingly, the bail application is disposed of by granting liberty to the Petitioner to move a fresh bail application before the learned Trial Court. In such eventuality, the learned Trial Court shall consider the bail application keeping in view the aforesaid observations and pass necessary order in accordance with law.

The BLAPL is, accordingly, disposed of.

Anil

Signature Not Verified

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Mar-2024 19:43:43