Siba Dipa @ Siba Deep @ Shiba Deep Vs State of Odisha

This is an application under Section 438 of Cr.P.C. filed by the Petitioner for anticipatory bail, arising out of Boudh P.S. Case No.284 of 2018, corresponding to Special Case (NDPS) No.55 of 2019, pending before the Court of learned Sessions Judge, Boudh, involving offence punishable under Section 20(a)(i) of NDPS Act read with Section 27(1) of Orissa Forest Act.

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It is stated by learned counsel for the Petitioner that on the basis of the information, the raided and seized contraband Cannabis Plant which was raised on government land. During investigation, the collected information is that the Cannabis Plant cultivated by some accused persons including the Petitioner, who are belongs to

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the same village. Learned counsel for the Petitioner further contended that the property, on which the said Cannabis Plant cultivated, does not belong to the Petitioner. He further contended that neither the Petitioner was present at the spot nor the contraband article was recovered from the exclusive and conscious possession of the present Petitioner, therefore, the bar under section 37 would not be attracted to the facts of the present case. He further contended that the Petitioner does not have any criminal antecedents and that since the Petitioner belongs to the locality, there is no chance of his absconding.

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Considering the submissions made by the parties, it is observed that the Petitioner, if so advised, may surrender before the learned Sessions Judge, Boudh, in the aforesaid case within four weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Sessions Judge, Boudh, shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. Further, while considering the bail application of the Petitioner, learned Court in seisin over the matter shall apply the principles of parity. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.

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The ABLAPL is disposed of accordingly.

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

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( Aditya Kumar Mohapatra ) Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Page 2 of 2. Location: High Court of Orissa, C utta ck Date: 09-Jan-2025 15:23:24

Siba Dipa @ Siba Deep @ Shiba Deep v. State of Odisha

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Siba Dipa @ Siba Deep @ Shiba Deep v. State of Odisha

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