Dismissed¶¶28

Jaihind Rajput @ Jayhind Rajput v. State of Odisha

Orissa HC8 Aug 2024BLAPL/2529/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; Justice V. Narasingh; order dated 08.08.2024; BLAPL No.2529 of 2024; bail application dismissed — NDPS matter (Sections-20(b)(ii)(C) and Section 37(1)(b)(ii) NDPS Act; bail moved under U/s.439 Cr.P.C.); third bail attempt after rejections in BLAPL No.9562 of 2023 (11.09.2023) and BLAPL No.12893 of 2023 (07.12.2023); trial commenced before learned Special Judge, Phulbani; State relied on State by the Inspector of Police v. B. Ramu, SLP(Crl.) No(s).8137 of 2022 (12.02.2024); direction to conclude trial early.

What did the court decide?

This Court is not inclined to entertain the Petitioner's bail application (bail refused). ¶¶24

Jaihind Rajput @ Jayhind Rajput Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2529 of 2024

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Jaihind Rajput @ Jayhind Rajput

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Petitioner

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Mr. G. Mohanty, Advocate

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-versus-

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State of Orissa

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH ORDER

08.08.2024

Order No.

01.

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

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The Petitioner is an accused in connection with C.T. No.72 of 2023 pending on the file of learned Special Judge, Phulbani, arising out of Gochhapada P.S. No.58 of 2023 commission of offence alleged under Sections-20(b)(ii)(C) of 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 Special Judge, Phulbani I/c by order dated

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Page 1 of 3

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04.03.2024 in the aforementioned case, the present BLAPL has been filed.

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This is the third journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by order dated 11.09.2023 by this Court in BLAPL No.9562 of 2023 since the motion was during currency of investigation. Thereafter, the Petitioner had moved in BLAPL No.12893 of 2023 which was rejected by the order dated 07.12.2023.

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It is submitted by the learned counsel that the Petitioner is in custody since 21.04.2023. The allegation against the present Petitioner is that he along with the co-accused are involved in transportation of ganja to the tune of 2 quintal 16 kgs.

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On perusal of the impugned order of the rejection it is seen that the trial has already commenced.

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Learned counsel for the State opposes the prayer in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act and relying on the decision 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.

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