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Balaraj Papal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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Orissa HC
2024
Balaraj Papal Vs State of OdishaBalaraj Papal v. State of Odisha

Disposed¶22

Balaraj Papal v. State of Odisha

Orissa HC5 Aug 2024BLAPL/567/2024

Case brief

AI extract

What is this about?

NDPS Act bail matter before the High Court of Orissa, Cuttack (BLAPL No.567 of 2024, order dated 05.08.2024, Justice Sibo Sankar Mishra). Petitioner Balaraj Papal, accused in Chitrakonda P.S. Case No.110 of 2023 / Special G.R. Case No.146 of 2023 (Sections 20(b)(ii)(c), 27-A, 29, NDPS Act) before the Special Judge, Malkangiri; earlier bail rejected 11.01.2024; in custody since 19.06.2023; alleged 417 kgs. contraband seizure; trial advanced with witnesses examined; BLAPL disposed with observation directing renewal of the bail plea before the trial Court for merit-based, expeditious consideration. No precedent cited; no monetary award.

What did the court decide?

With material witnesses examined and the trial having advanced, it was held appropriate for the petitioner to approach the Court of first instance (the trial Court) renewing his bail plea rather than have bail adjudicated afresh by this Court.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether, after the trial Court rejected the petitioner's bail application vide order dated 11.01.2024 and with the trial having since advanced, the petitioner's plea should be adjudicated afresh by this Court or renewed before the Court of first instance. +1 more

Court's answer

With material witnesses examined and the trial having advanced, it was held appropriate for the petitioner to approach the Court of first instance (the trial Court) renewing his bail plea rather than have bail adjudicated afresh by this Court.

Ratio / Principle

Any renewed bail plea moved before the trial Court is to be considered on its merit on the available materials which have come on record.

Key takeaways

Since the petitioner has already undergone about a year's time, the trial Court is expected to decide his bail application expeditiously on its own merit.obiter¶21

Detailed headnote1 paragraphs

Bail application (BLAPL No.567 of 2024, High Court of Orissa at Cuttack, Justice Sibo Sankar Mishra, order dated 05.08.2024) of Balaraj Papal, accused in Chitrakonda P.S. Case No.110 of 2023 corresponding to Special G.R. Case No.146 of 2023 for offences under Sections- 20(b)(ii)(c), 27-A, 29 of the NDPS Act, pending before the learned Special Judge, Malkangiri. The trial Court had rejected his earlier bail plea vide order dated 11.01.2024. As material witnesses stood examined and the trial had advanced, the High Court disposed of the BLAPL without itself adjudicating bail, observing that the petitioner should approach the Court of first instance renewing his bail plea, to be considered on its merit on the available materials on record. The Court noted custody since 19.06.2023 (about a year undergone) and expected an expeditious, merit-based decision by the trial Court; counsel relied on the alleged seizure of 417 kgs. of contraband, the absence of other cases, and a clean antecedent.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.567 of 2024

Balaraj Papal

…. Petitioner

Mr. Deepak Kumar Sahoo, Advocate

-versus-

State of Odisha

…. Opp. Party Mr.J.P. Patra ASC

CORAM: JUSTICE SIBO SANKAR MISHRA

Order No.

03.

ORDER

05.08.2024

1. The petitioner is an accused in connection with Chitrakonda P.S. Case No.110 of 2023 corresponding to Special G.R. Case No.146 of 2023 for the offences punishable under Sections- 20(b)(ii)(c), 27-A, 29 of the NDPS Act pending in the Court of the learned Special Judge, Malkangiri.

2. Learned counsel for the petitioner, on instruction from the petitioner submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

3. Learned counsel for the petitioner submits that during the currency of the trial, material witness have

Page 1 of 1

been examined in the meantime. Vide order dated 11.01.2024, the trial Court has rejected his bail application for which he has approached this Court. Since in the meantime, the trial has advanced, it would be appropriate for the petitioner to approach the Court first instance renewing his bail plea. If such bail plea is moved before the trial Court, the trial Court should consider the same on its merit on the available materials which has come on record.

4. Learned counsel for the petitioner further submits that although 417 kgs. of contraband alleged to have been seized from him, but the fact remains that he is not involved in any other case. He has a clean antecedent and he is entitled for grant of bail.

5. The petitioner is in custody since 19.06.2023 and the trial is moving in a very low pace. Therefore, the petitioner apprehends that his custody will be prolonging during the pendency of the trial.

6. Since the petitioner has already undergone about a year’s time, it is expected that the trial Court should decide the bail application of the petitioner expeditiously on its own merit.

7. With the aforementioned observation, the BLAPL is disposed of.

(S.S. Mishra)

Judge

Subhasis Signature Not Verified

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 07-Aug-2024 10:46:42

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether, after the trial Court rejected the petitioner's bail application vide order dated 11.01.2024 and with the trial having since advanced, the petitioner's plea should be adjudicated afresh by this Court or renewed before the Court of first instance.¶18
The court held
With material witnesses examined and the trial having advanced, it was held appropriate for the petitioner to approach the Court of first instance (the trial Court) renewing his bail plea rather than have bail adjudicated afresh by this Court.ratio¶18
2.
Whether the petitioner's prolonged custody (he has already undergone about a year) warranted an expeditious, merit-based decision on his bail application.¶21
The court held
Since the petitioner has already undergone about a year's time, the trial Court is expected to decide his bail application expeditiously on its own merit.obiter¶21

Statutes considered

1 provisions across 1 enactments

AI extract

NDPS Act20(b)(ii)(c), 27-A, 29¶14

Procedural history

How this case reached the court

AI extract

Order under challenge
Rejection of the petitioner's bail application by the trial Court¶18
Court of the learned Special Judge, Malkangiri · 11.01.2024
Prior proceeding
Petitioner is an accused in Chitrakonda P.S. Case No.110 of 2023, corresponding to Special G.R. Case No.146 of 2023, for offences punishable under Sections- 20(b)(ii)(c), 27-A, 29 of the NDPS Act, pending in the Court of the learned Special Judge, Malkangiri.¶14
Prior proceeding
Learned counsel declared, on instruction, that apart from this bail application no other bail application of the petitioner relating to the aforesaid F.I.R. is pending before any other Court.¶15
Prior proceeding
During the currency of the trial, material witnesses have been examined and the trial has advanced.¶18
Prior proceeding
Petitioner is in continuous custody since 19.06.2023; counsel submitted the trial is moving at a very low pace and the petitioner apprehends prolongation of custody.¶20

Parties & counsel

AI extract

petitioner
Balaraj Papal¶3
Deepak Kumar Sahoo
respondent
State of Odisha¶7
J.P. Patra

Coram

AI extract

Sibo Sankar Mishraauthor¶9

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 5 Aug 2024 · August
Registered: 25 Jan 2024
Case no.: BLAPL/567/2024
CNR: ODHC010052592024
Topic: Narcotics (NDPS)
Bench: Sibo Sankar Mishra
Disposal: Disposed Off
Case type: BLAPL

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Cite this judgement

Balaraj Papal v. State of Odisha, BLAPL/567/2024 (OD), decided on 5 August 2024.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

NDPS Act20(b)(ii)(c), 27-A, 29

View all statutes

Procedural history5

Rejection of the petitioner's bail application by the trial CourtCourt of the learned Special Judge, Malkangiri · 11.01.2024
Petitioner is an accused in Chitrakonda P.S. Case No.110 of 2023, corresponding to Special G.R. Case No.146 of 2023, for offences punishable under Sections- 20(b)(ii)(c), 27-A, 29 of the NDPS Act, pending in the Court of the learned Special Judge, Malkangiri.
Learned counsel declared, on instruction, that apart from this bail application no other bail application of the petitioner relating to the aforesaid F.I.R. is pending before any other Court.

View full history

Bench / Coram

Sibo Sankar Mishra

Parties & counsel