Disposed

Dharmendra Kumar Balmik v. State of Odisha

Orissa HC3 Oct 2024BLAPL/7106/2024

Case brief

AI extract

What is this about?

The High Court declined to entertain a bail appeal against rejection under Section 37 of the NDPS Act, noting the lower court had considered the matter pre-charge sheet. Liberty was granted to renew the bail application before the trial court after the charge sheet is filed.

What did the court decide?

Liberty granted to renew bail application before the trial court after filing of charge sheet.

Dharmendra Kumar Balmik Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 7106 of 2024

¶3

Dharmendra Kumar …. Petitioner Balmik

¶4

Mr. S. Panda, Advocate

¶5

-versus-

¶6

State of Odisha

¶7

…. Opposite Party

¶8

Mr. P.K. Mohanty, ASC

¶9

CORAM: JUSTICE V. NARASINGH

¶10

ORDER 03.10.2024

¶11

Order No.

¶12

02. 1. Heard learned Counsel for the Petitioner and learned counsel for the State.

¶13

The Petitioner is an accused in connection with Special (NDPS) Case No.77 of 2024 pending on the file of the learned Addl. District and Session Judgecum-Special Judge, Kantamal arising out of Ghantapada P.S. Case No. 93 of 2024 for commission of the alleged offence under Section 20(b)(ii)(C) of NDPS Act.

¶14

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.

¶15

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned

¶16

Page 1 of 2

¶17

Addl. Sessions Judge-cum-Spl. Judge, Kantamal by order dated 28.06.2024 in the aforementioned case, the present BLAPL has been filed.

¶18

It is submitted that the Petitioner is in custody since 10.06.2024 on the allegation of being involved in transportation of contraband (ganja) to the tune of 50kgs.

¶19

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.

¶20

Taking into account the nature of allegation and since the consideration by the learned Court in seisin was before filing of charge sheet, this Court is not inclined to consider this bail application without having the benefit of consideration of materials qua the accusation relating to the Petitioner by the learned Court in seisin, post charge sheet.

¶21

Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin after filing of charge sheet, which shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

¶22

Accordingly, the BLAPL stands disposed of.

¶23

Signature Not Verified

¶24

(V. NARASINGH)

¶25

Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Oct-2024 19:58:16

¶26

Judge

¶27

Ayesha

¶28

Page 2 of 2

Dharmendra Kumar Balmik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dharmendra Kumar Balmik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mukta @ Mukuta @ Prakash Pradhan Vs State of Odisha

Digambra Majhi Vs State of Odisha

Sashikanta Mankar Vs State of Odisha

Patitapaban Pradhan Vs State of Odisha

Rama Nag Vs State of Odisha

Birendra Mahananda Vs State of Odisha