Allowed

Goura Mohapatra v. State of Odisha

Orissa HC18 Sept 2024BLAPL/8920/2024

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner arrested under the NDPS Act. The court imposed a stringent condition that the bail order shall automatically stand revoked if the petitioner is found to have similar criminal antecedents under the NDPS Act. Bail was granted subject to surrendering a bond of Rs.30,000 with one surety.

What did the court decide?

Petitioner released on bail by furnishing bail bond of Rs.30,000 with one solvent surety for the like amount, subject to stringent conditions.

Goura Mohapatra Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8920 of 2024

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Goura Mohapatra

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..... Petitioner

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Represented By Adv. - Sakti Prasad Das

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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. – D.Nayak, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

18.09.2024

Order No.

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

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Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 483 of B.N.S.S. has been filed by the Petitioner for regular bail in connection with Special T.R. No.456 of 2024, arising out of Info Valley (UPD Bhubaneswar) P.S. Case No.223 of 2024, pending in the Court of learned Dist. & Sessions Judge, Khurda, Bhubaneswar for alleged commission of offence punishable under Sections 20(b) (ii) B of the N.D.P.S. Act.

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Learned counsel for the Petitioner submits that earlier this

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Page 1 of 3.

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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 17.08.2024. Further contended that in the meantime the investigation has progressed substantially. Further, allegations made in the P.R., the learned counsel for the Petitioner submitted that a total quantity of 5 kgs. 138 gms. of ganja, was recovered from the exclusive and conscious possession of the Petitioner, which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner does not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions deemed fit and proper by this Court.

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Learned Additional Government Advocate appearing for the State-Opposite 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 Government Advocate 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 and

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Page 2 of 3.

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further keeping the view the fact that the Petitioner does not have any similar criminal antecedents, 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.30,000/(Rupees Thirty thousand) with one solvent surety for the like amount to the satisfaction of the Court in seisin over the matter. 8. 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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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra) Judge

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Anil

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Page 3 of 3. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 19-Sep-2024 11:10:46

Goura Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Goura Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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