Disposed¶25

Prashant Pangi v. State of Odisha

Bail – NDPS Act, Sections 20(b)(ii)(C)

Orissa HC18 Apr 2024BLAPL/1981/2024

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Case brief

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What is this about?

Orissa High Court, Cuttack; BLAPL No. 1981 of 2024 and I.A. No.332 of 2024; order dated 18.04.2024 by Justice V. Narasingh; bail application not entertained as premature; NDPS Act Sections 20(b)(ii)(C); Special G.R. Case No.163 of 2022; Chitrokonda P.S. Case No.142 of 2022; Malkangiri; earlier bail rejected 11.01.2024 in BLAPL No.9838 of 2023 with time-bound liberty to renew (trial expected to conclude by end of June 2024); bail under S.439 Cr.P.C. rejected 23.02.2024; interim bail on death of uncle (14.02.2024) declined; both applications disposed of; counsel: P.K. Das for Petitioner, K.K. Gaya for State of Odisha.

What did the court decide?

No bail relief; both the BLAPL and the I.A. stand disposed of, with the bail prayer not entertained at this stage and interim bail declined. ¶25

Prashant Pangi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1981 of 2024

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Prashant Pangi

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…. Petitioner

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Mr. P.K. Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. K.K. Gaya, Advocate

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CORAM: JUSTICE V. NARASINGH

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ORDER

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18.04.2024

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BLAPL No.1981 of 2024 & I.A. No.332 of 2024

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Order No.

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1. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.

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The Petitioner is an accused in connection with Special G.R. Case No.163 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrokonda P.S. Case No.142 of 2022 for commission of offence alleged under Sections 20(b)(ii)(C) of the NDPS Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Spl. Judge, Malkangiri by order dated 23.02.2024 in the aforementioned case, the present BLAPL has been filed.

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Page 1 of 2

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This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner was rejected by order dated 11.01.2024 in BLAPL No.9838 of 2023 taking into account the report of the learned Court in seisin that the trial is likely to be concluded by end of June, 2024 and liberty was granted to the Petitioner to renew his prayer in the event trial is not concluded within such time frame.

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Admittedly, the time limit as fixed by this Court has not expired.

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It is submitted by the learned counsel for the Petitioner that there is no progress in trial and hence he may be released on bail.

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Learned counsel for the State opposes the prayer for bail.

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Taking into account the earlier order passed by this Court referred to hereinabove since the time as fixed by this Court has not expired, this Court is not inclined to entertain the bail application at this stage.

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This Court is also not inclined to entertain the prayer for release of the Petitioner on interim bail on account of the death of the Petitioner’s uncle. On perusal of the record, it is seen that the Petitioner’s uncle passed away on 14.02.2024.

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Accordingly, both the BLAPL and I.A. stand disposed of.

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(V. Narasingh) Judge

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Ayesha

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-Apr-2024 14:51:31

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Page 2 of 2

Prashant Pangi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prashant Pangi v. State of Odisha

Case brief

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