Disposed¶19

Nanda Kishore Sahoo v. State of Odisha

Orissa HC1 Feb 2024CRLMC/93/2024

Case brief

AI extract

What is this about?

Orissa High Court CRLMC No.93 of 2024 (decided 01.02.2024, Sibo Sankar Mishra, J.) - disposed. NBW-related order dated 05.09.2022 of Additional Sessions Judge-cum-Special Court, Nayagarh in T.R. Case No.46/85 of 2021 (Spl. G.R. Case No.53 of 2021; Fategarh P.S. Case No.78 of 2021) set aside under Sections 20A/29 NDPS Act prosecution, subject to Rs.500/- cost to Orissa High Court Advocates' Welfare Fund and surrender within fifteen days.

What did the court decide?

Setting aside of the order dated 05.09.2022 passed by the learned Additional Sessions Judge-cum-Special Court, Nayagarh in T.R. Case No.46/85 of 2021, subject to the petitioner paying cost of Rs.500/- to the Orissa High Court Advocates' Welfare Fund and surrendering to the trial court within fifteen days. ¶19

Nanda Kishore Sahoo Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 05.09.2022 passed by the learned Additional Sessions Judge-cum-Special Court, Nayagarh in T.R. Case No.46/85 of 2021 (following the petitioner's non-appearance and resulting NBW) should be set aside subject to conditions of cost and surrender.

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Court's answer

The order dated 05.09.2022 passed by the learned Additional Sessions Judge-cum-Special Court, Nayagarh in T.R. Case No.46/85 of 2021 arising out of Spl. G.R. Case No.53 of 2021 corresponding to Fategarh P.S. Case No.78 of 2021 is set aside.

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Ratio / Principle

Setting aside of the order dated 05.09.2022 is conditional upon the petitioner paying cost of Rs.500/- (Rupees five hundred) to the Orissa High Court Advocates' Welfare Fund.

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Key takeaways

The petitioner is directed to surrender to the jurisdiction of the trial court, as submitted by his counsel, within fifteen days from the date of this order.ratio¶18

Detailed headnote1 paragraphs

High Court of Orissa (Sibo Sankar Mishra, J.), by order dated 01.02.2024, disposed of CRLMC No.93 of 2024. The petitioner, Nanda Kishore Sahoo, faced prosecution under Sections 20A/29 of the NDPS Act in T.R. Case No.46/85 of 2021 (arising out of Spl. G.R. Case No.53 of 2021, corresponding to Fategarh P.S. Case No.78 of 2021) before the learned Additional Sessions Judge-cum-Special Court, Nayagarh. Per counsel, he had been enlarged on bail but could not appear in the court below on 05.09.2022, leading to issuance of an NBW. Taking into account the facts and submissions at the Bar, the Court set aside the trial court's order dated 05.09.2022, conditional on the petitioner paying cost of Rs.500/- (Rupees five hundred) to the Orissa High Court Advocates' Welfare Fund and directing him to surrender to the jurisdiction of the trial court within fifteen days, as submitted by his counsel.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.93 OF 2024

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Nanda Kishore Sahoo

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Petitioner(s)

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Mr. S.K. Bhanjadeo, Advocate

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-versus-

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State of Odisha

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…. Opposite Party(s)

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Mr. P. K. Maharaj, ASC

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CORAM: JUSTICE SIBO SANKAR MISHRA

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ORDER
01.02.2024
Order No.
01. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.
2. The petitioner is facing prosecution in T.R. Case No.46/85
of 2021 arising out of Spl. G.R. Case No.53 of 2021 corresponding
to Fategarh P.S. Case No.78 of 2021 for the offences under Sections
20A/29 of the NDPS Act pending in the court of the learned
Additional Sessions Judge-cum-Special Court, Nayagarh.

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Mr. Bhanjadeo, learned counsel for the petitioner states

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that his client has already been enlarged on bail, however he could not appear in the court below on 05.09.2022 leading to issuance of NBW against him. Mr. Bhanjadeo further submits that his client

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would be surrendering before the learned court below within fifteen days from today and avail the remedy under the law.

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Taking into consideration the facts and submissions made

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at the Bar, the order dated 05.09.2022 passed by the learned Additional Sessions Judge-cum-Special Court, Nayagarh in T.R. Case No.46/85 of 2021 arising out of Spl. G.R. Case No.53 of 2021 corresponding to Fategarh P.S. Case No.78 of 2021 is set aside,

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subject to the petitioner paying cost of Rs.500/- (Rupees five hundred) to the Orissa High Court Advocates’ Welfare Fund. The petitioner is also directed to surrender to the jurisdiction of the trial court as submitted by his counsel within fifteen days from today.

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The CRLMC is accordingly disposed of. (S.S. Mishra) Judge

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Signature Not Verified

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Digitally Signed Signed by: ASISH KUMAR KAR Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Feb-2024 11:13:15

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Nanda Kishore Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nanda Kishore Sahoo v. State of Odisha

Case brief

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