Disposed

Anil Digal v. State of Odisha

Orissa HC22 Jul 2024BLAPL/6985/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC in an NDPS case involving seizure of 24 kgs of ganja. The court, weighing detention period and absence of similar antecedents, released the petitioner on bail with a bond of Rs.35,000 and two sureties, revocable if similar antecedents are found.

What did the court decide?

Petitioner released on bail on bond of Rs.35,000 with two local solvent sureties; subject to antecedent-verification condition.

Anil Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6985 of 2024

Anil Digal

.....

Petitioner

Represented By Adv. -

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Dibya Jyoti Sahoo

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – A.P.Das, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

22.07.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Gochhapada P.S. Case No.105 of 2024, corresponding to C.T.(N) Case No.116 of 2024, pending in the Court of the learned Special Judge, Phulbani for alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 18.06.2024. Further, referring to the allegations made in the F.I.R., learned counsel for the Petitioner submitted that keeping in view the quantity of ganja seized, i.e., 24 kgs., was recovered from

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possession of the Petitioner. He further contended that the recovery of the contraband articles from the exclusive and conscious possession of the Petitioner is being seriously disputed by the Petitioner. He further submitted that the bar under Section 37 of the N.D.P.S. Act would not be attracted. He further submitted that the Petitioner does not have any similar criminal antecedents. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

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Learned Additional Standing Counsel appearing for the StateOpposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that investigation is still on. He further contended that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/- (Rupees Thirty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the

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Page 2 of 3 .

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matter.

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It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any other conditions shall entail cancellation of the bail application.

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It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioner. In the event the Petitioner is having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( A.K. Mohapatra ) Judge

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Anil

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Page Signature Not Verified 3 of 3 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 23-Jul-2024 13:12:17

Anil Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anil Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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