Dismissed

Prasanta Das v. State of Odisha

Orissa HC20 Feb 2024BLAPL/868/2024

Case brief

AI extract

What is this about?

Common order dismissing two bail applications (BLAPL Nos. 868 and 877 of 2024) lodged by accused in NDPS case. Court refused to entertain applications due to bar under Section 37(1)(b)(ii) NDPS Act and noted Petitioners are not similarly placed to released coaccused. Liberty granted to renew before trial court post charge sheet.

What did the court decide?

BLAPLs disposed; liberty granted to renew prayer before Court in seisin post charge sheet.

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

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.868 of 2024

¶3

Prasanta Das …. Petitioner
Mr. T.K. Mohanty, Advocate

¶4

-versus-

¶5

State of Orissa …. Opposite Party

¶6

Mr. A. Pradhan,A.S.C.

¶7

BLAPL No.877 of 2024

¶8

Madhaba Nayak …. Petitioner
Mr. T.K. Mohanty, Advocate
-versus-
State of Odisha …. Opposite Party
Mr. A. Pradhan, A.S.C.
CORAM: JUSTICE V. NARASINGH
ORDER
20.02.2024

¶9

Order No.

¶10

02. 1. Since both the matters arise out of Airfield P.S. Case

¶11

No.158 of 2023, they are heard together and disposed of by this common order on the consent of the parties.

¶12

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

¶13

The Petitioners are accused in connection with T.R. Case No.343 of 2023, pending in the Court of learned District & Sessions Judge, Bhubaneswar, arising out of Airfield P.S. Case No.158 of 2023 , for commission of alleged offences under Section 20(b)(ii)(C)/29 of the NDPS Act.

¶14

Page 1 of 3

¶15

Learned counsel, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioners relating to the aforementioned P.S. Case is pending in any other Court.

¶16

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge(k) at Bhubaneswar by order dated 24.01.2024 in the aforementioned case, the present BLAPL has been filed.

¶17

This is the second journey of the Petitioners to this Court. Earlier the bail application of the Petitioner (Prasanta Das) in BLAPL No.868 of 2024 was rejected by this Court by order dated 29.08.2023 in BLAPL No.8751 of 2023 since the same was during the currency of investigation.

¶18

The Petitioner (Madhaba Nayak) in BLAPL No.877 of 2024 was rejected by this Court by order dated 26.09.2023 in BLAPL No.8751 of 2023 since the same was during the currency of investigation and the quantity of contraband seized was beyond commercial quantity.

¶19

It is submitted by the learned counsel for the Petitioner that admittedly in the case at hand no charge sheet has been filed and extension of time to file charge sheet in terms of Section 36A(4) of the NDPS Act has been sought by the prosecution.

¶20

It is further submitted by the learned counsel that the coaccused have been released on bail by order dated 10.01.2024 in BLAPL No.11310 of 2023 and by order dated 15.02.2024 in BLAPL No.189 of 2024. Hence, on the ground of parity the Petitioner seeks release.

¶21

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.

¶22

On a bare perusal of the orders passed in respect of coaccused, it is seen they are not similarly placed and this Court

¶23

Page 2 of 3

¶24

taking note of their complicity while referring to Section 36A(4) of the NDPS Act directed their release.

¶25

Since the present Petitioners are not similarly placed, this Court finds force in the submission of the learned counsel for the State referring to the rigors stipulation under Section-37(1)(b)(ii) of the NDPS Act.

¶26

The bail application does not merit consideration in view of the earlier order passed qua the Petitioners. Hence, this Court is not inclined to entertain the bail application of the Petitioners.

¶27

Liberty is granted to the Petitioners to renew their prayer before the learned Court in seisin.

¶28

If such application is filed post charge sheet, the learned Court in seisin shall deal with the same independently taking into account the released of the co-accused.

¶29

Accordingly, the BLAPLs stands disposed of.

¶30

Urgent certified copy of this order be granted as per rules.

¶31

(V. NARASINGH)

¶32

Judge Soumya

¶33

Signature Not Verified

¶34

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 21-Feb-2024 11:04:14

¶35

Page 3 of 3

Prasanta Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prasanta Das 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

Prahallad Mal Vs State of Odisha

Abdul Mahammad @ Kalia Vs State of Odisha

Rumani Digal Vs Govt.of Odisha

N.Susheela [email protected] Devi Vs Arun Kumar

Ramesh Prasad Mishra Vs State of Orissa

Niranjan Naik Vs State of Orissa