Dismissed

Raghu@Debendra Swain v. State of Odisha

Orissa HC24 Jun 2024BLAPL/180/2024

Case brief

AI extract

What is this about?

The High Court of Orissa in BLAPL No.180 of 2024 rejected a second successive bail application filed under Section 439 Cr.P.C. The court held that the petitioner failed to satisfy conditions of Section 37 of the NDPS Act, considering the commercial quantity of contraband and gravity of the offence.

What did the court decide?

Bail application rejected; petitioner to renew prayer after examination of material witnesses.

Raghu@Debendra Swain Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.180 of 2024

¶2

Raghu @ Debendra Swain

¶3

… Petitioner

¶4

Mr. B.Mohapatra, Advocate

¶5

-versus-

¶6

State of Orissa

¶7

… Opposite Party Mr.S.Mishra, ASC

¶8

Order No.

¶9

07.

¶10

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 24.06.2024

¶11

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

¶12

This is the second successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Crime Branch Special Task Force Case No. 21 of 2022 corresponding to T.R.Case No.92 of 2022 pending in the file of learned 1^st Addl. Sessions Judgecum-Special Judge, Khurda for commission of offences punishable under Sections 21(c)/29 of the NDPS Act, on the allegation of possessing 1Kgs. & 150 Grams of Brown Sugar along with co-accused persons.

¶13

Heard Mr.Bidyalok Mohapatra, learned counsel for the petitioner and Mr.Sitikanta Mishra, learned ASC in the matter and perused the record.

¶14

After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner, so also the

¶15

Page 1 of 2

¶16

accusation sought to be brought against the petitioner and regard being had to the quantity of Contraband articles seized in this case which is coming under commercial quantity and the failure of the petitioner to satisfy the conditions of Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage.

¶17

Hence, the bail application of the petitioner stands rejected. However, the petitioner may renew his prayer for bail after examination of material witnesses.

¶18

Accordingly, the BLAPL stands disposed of.

¶19

Issue urgent certified copy of the order as per

¶20

Rules.

¶21

(G. Satapathy) Judge

¶22

kishore

¶23

Signature Not Verified

¶24

Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 25-Jun-2024 13:58:30

¶25

Page 2 of 2

Raghu@Debendra Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Raghu@Debendra Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hrushikesh Das Vs State of Odisha

Chittaranjan Pradhan Vs State of Odisha

Bishnu Prasad Behera @ Kuna Vs State of Odisha

Ravi Kumar Rajesh Vs Union of India (Cbi)

Santosh Kumar Sahoo @ Santa Vs State of Odisha

Munjuka Mallick Vs State of Odisha