Sugri Kanhar Vs State of Odisha

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 20(b)(ii) C of N.D.P.S.Act in C.T.Case No.75 of 2023 arising out of Gochhapada P.S.Case No.60 of 2023 of the Court of learned Sessions Judge-cum-Special Judge, Phulbani.

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It is stated by the learned counsel for the Petitioner that as per the allegations made in the F.I.R., the raiding team got credible information that two persons have stacked contraband

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Page 1 of 3.

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ganja inside the forest. Receiving such information they proceeded to the spot and found that two persons ran away towards the dense forest. Thereafter,they recovered huge quantity of contraband ganja. It has also been alleged in the F.I.R. that the Petitioner, who is present at the spot, fled away seeing the raiding party. He also contended that the Petitioner has been falsely implicated in the present case. He further contended that neither the Petitioner was present at the spot nor anything has been recovered from his conscious or exclusive possession. Therefore, the bar under section 37 of the Act would not be attracted to the fact of the present case. He also contended that the Petitioner does not have any criminal antecedents of similar nature and that since the Petitioner belongs to the locality, there is no chance of his absconding.

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Learned Additional Standing Counsel on the other hand objected to the release of the Petitioner on pre-arrest bail on the ground that the investigation is still on. He further contended that on the basis of credible information, the Police raiding party conducted the raid and recovered the contraband article. Further, at the time of raiding the Petitioner and another person fled away from the spot. He further submitted that since the investigation is going on, release of the Petitioner at this moment would have adverse impact on the on-going investigation.

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Considering the gravity and seriousness of the allegation, the quantity of contraband ganja involved and keeping in view the surrounding facts and circumstances of the case, further taking into consideration the fact that the bar

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Page 2 of 3.

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RKS

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under section 37 of the N.S.P.S. Act is not attracted to the present case, the Petitioner, if so advised, may surrender before the learned Sessions Judge-cum-Special Judge, Phulbani, 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-cum-Special Judge, Phulbani, 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 keep in mind the aforesaid observation. 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

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rules.

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( A.K. Mohapatra) Judge

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Signature Not Verified Page 3 of 3.

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 07-Jan-2025 16:08:38

Sugri Kanhar v. State of Odisha

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Sugri Kanhar v. State of Odisha

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