Kanai Das Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Kanai Das Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

No bail granted at this stage; liberty granted to the Petitioner to renew his prayer before the learned Court in seisin at a later stage, and the BLAPL stands disposed of.

Issue for consideration

Whether the Petitioner, accused in Cuttack P.R. Case No.121 of 2023-24 (offence under Section 20(b)(ii)(C) NDPS Act, alleged transport of 80 kgs ganja) on his second journey to this Court, may be granted bail notwithstanding the stipulation/bar under Section 37(1)(b)(ii) of the NDPS Act, following submission of final P.R. on 09.11.2023 and rejection of his earlier bail application by the Sessions Judge-cum-Special Judge, Cuttack on 20.12.2023.

Court's answer

Having regard to the nature of allegation, the stipulation under Section 37(1)(b)(ii) of the NDPS Act, submission of final P.R., and the dictum of the Apex Court in State by the Inspector of Police vs. B. Ramu (SLP(Crl.) No(s).8137 of 2022, dated 12.02.2024), this Court is not inclined to entertain this bail application at this stage.

Ratio / Principle

Liberty is granted to the Petitioner to renew his prayer for bail before the learned Court in seisin at a later stage.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice V. Narasingh, sole judge), Order dated 25.04.2024 in BLAPL No. 228 of 2024 (Kanai Das v. State of Odisha; counsel: S. Harichandan for petitioner; A. Pradhan, ASC for State). Petitioner, an accused under Section 20(b)(ii)(C) of the NDPS Act in 2(a) C.C. Case No.97 of 2023 pending before the Sessions Judge-cum-Special Judge, Cuttack, arising out of Cuttack P.R. Case No.121 of 2023-24 (alleged involvement in transportation of contraband ganja to the tune of 80 kgs), sought bail after rejection of his Section 439 Cr.P.C. application by the Special Judge on 20.12.2023. This was his second journey to this Court, his earlier BLAPL No.9357 of 2023 having been disposed of on 04.09.2023; counsel stated no other bail application relating to the case was pending anywhere, and that final P.R. had been submitted on 09.11.2023. The State opposed bail invoking the bar contained in Section 37(1)(b)(ii) of the NDPS Act. Keeping in view the nature of allegation, the Section 37(1)(b)(ii) stipulation, the submission of final P.R., and the dictum of the Apex Court in 'State by the Inspector of Police vs. B. Ramu' (SLP(Crl.) No(s).8137 of 2022, dated 12.02.2024), the Court was not inclined to entertain the bail application at this stage; it granted liberty to renew the prayer before the Court in seisin at a later stage and disposed of the BLAPL.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 228 of 2024

Kanai Das

…. Petitioner

Mr. S. Harichandan, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. A. Pradhan, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

25.04.2024

Order No.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with 2(a) C.C. Case No.97 of 2023 pending on the file of learned Sessions Judgecum-Special Judge, Cuttack, arising out of Cuttack P.R. Case No.121 of 2023-24 for commission of alleged offence under Section 20(b)(ii)(C) of the NDPS Act.

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. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Cuttack by order dated 20.12.2023 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e. BLAPL No.9357 of

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2023 was disposed of by this Court by order dated 04.09.2023 taking into account the allegation that the Petitioner was involved in transportation of contraband (ganja) to the tune of 80 kgs.

It is submitted by the learned counsel that since final P.R. has been submitted on 09.11.2023, Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act. 8. Considering the nature of allegation and the stipulation under Section 37(1)(b)(ii) of the NDPS Act and submission of final P.R. and keeping in view in the dictum of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024, this Court is not inclined to entertain this bail application at this stage.

Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin at a later stage.

Accordingly, the BLAPL stands disposed of.

(V. NARASINGH)

Judge

Santoshi

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 26-Apr-2024 14:46:19

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