Dismissed

Gajendra Singh v. Union of India

Orissa HC12 Jul 2024BLAPL/1936/2024

Case brief

AI extract

What is this about?

Bail application by a truck employee accused under Sections 20(b)(ii)(C)/25/29 NDPS Act after seizure of 775 kg ganja from a truck. The court found the Section 37 statutory bar applicable, rejected bail but directed trial completion within three months.

What the court decided

AI extract

Gajendra Singh Vs Union of India — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1936 of 2024

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Gajendra Singh

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State of Odisha

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-Versus-

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..…... Petitioner Mr. S. Satapathy, Adv. ………. Opposite Party Mr. S.K. Padhi, Adv. for NCB

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

12.07.2024

Order No.

04.

	F.I.R No.	Dated	Police Station	Case No. and Courts’ Name	Sections
	01	4.06.2020	NCB (Crime), Bhubaneswa r	NCB (Crime) No.1 of 2020 corresponding to T.R. Case No. 28 of 2020 pending in the Court of learned 1^st Addl. Sessions	Sections 20(b) (ii) (C)/25/29 of the N.D.P.S Act
Digitally Signed Signed by: LITARAM MU Designation: Personal A Reason: Authentication Location: High Court of O Date: 24-Jul-2024 11:19: Signature N	RMU ssistant rissa Cuttac 24 ot Verif	k ied		Judge-cum- Special Judge, under NDPS Act,Khuda

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This matter is taken up through a hybrid arrangement.

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The Petitioner, being in custody in connection with NCB (Crime) No.1 of 2020 corresponding to T.R. Case No.28 of 2020 pending in the court of learned 1st Addl. Sessions Judge-cumSpecial Judge, under NDPS Act, Khurda for the offences under Sections 20(b) (ii) (C)/25/29 of the N.D.P.S Act, has filed this application for release on bail.

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The brief fact of the case is that on 04.06.2020 on getting information from a reliable source regarding illegal transportation of contraband ganja by the Petitioner and another co-accused in a truck. The NCB official proceed to the spot i.e. near Sadar Police Station, Khordha and detained the alleged truck bearing Regd. No.AP-377-4677 which was loaded with onion packets. On searching they recovered contraband ganja of 775 kgs from that truck which was loaded beneath the onion packets and seized the same. Based on the search report, the NCB Officer registered the case for commission of offence under Section 20(b)(ii)(C)/25 and 29 of the NDPS Act. After completion of the investigation, the investigating officer filed final P.R. before the court.

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Learned counsel for the petitioner submits that the petitioner is Signature Not Verifiedthe employee of the owner of the truck and he has been falsely Digitally Signed Signed by: LITARAM MURMU Designation: Personal AssistantReason: Authentication implicated in this case and the contraband ganja seized was not Location: High Court of Orissa Cuttack Date: 24-Jul-2024 11:19:24 recovered from his conscious and exclusive possession. He further

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submits that the Petitioner is in custody since 05.06.2020. Hence, he submits that the Petitioner may be enlarged on bail.

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Learned counsel for the NCB submits that the Petitioner had already availed the interim bail and surrendered in time. He further submits that out of 7(seven) charge-sheeted witnesses 4 (four) prosecution witnesses have already been examined and three witnesses are left to be examined.

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In view of the above and considering the nature and gravity of the accusation, character of evidence appearing against the petitioner, the stringent punishment provided and also the statutory bar to grant bail under Section 37(1) of the NDPS Act in an offence of this nature without recording the satisfaction that there are reasonable grounds for believing that the petitioner is not guilty of the offence alleged or not likely to commit any such offence, which is not possible to record in this case, the petitioner’s prayer for bail is devoid of merit. Hence, his prayer for bail stands rejected. However, the trial court shall complete the trial as expeditiously as possible, preferably within a period of three months. If the trial is not completed within the time stipulated, the petitioner can approach for bail.

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Signature Not Verified 7. The BLAPL is accordingly dismissed.

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 24-Jul-2024 11:19:24

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Judge

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Murmu

Gajendra Singh v. Union of India

Case brief

What is this about?

What the court decided

Gajendra Singh v. Union of India

Case brief

What is this about?

What the court decided

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