Purna Chandra Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Purna Chandra Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail declined; ABLAPL disposed of with liberty to the petitioner to surrender before the court below within two weeks and move for bail, whereupon he shall be released on bail on terms and conditions imposed by the court below, including weekly appearance before the IIC, Gochhapada Police Station every Sunday at 10.00 A.M. for six months (to be certified by the IIC) and appearance on each posting date, with automatic cancellation of the order on even a single default.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Gochhapada P.S. Case No. 46 of 2020 (C.T. Case No. 41-B of 2020, Special Judge, Phulbani) for alleged offence under Sections 20(b)(ii)(C) of NDPS Act.

Court's answer

Though a huge quantity of ganja was recovered, the court found no material on record prima facie showing the petitioner's involvement in the alleged occurrence.

Ratio / Principle

Taking note that co-accused Soren alias Surendra Digal had been released on regular bail in BLAPL No. 10675 of 2022, the court held that the petitioner stands on the same footing.

Key takeaways

Considering the nature of accusations and the materials on record, the court was not inclined to grant anticipatory bail to the petitioner.ratio¶5
Instead, the petitioner was granted liberty to surrender before the court below within two weeks of receipt of the certified copy of the order and to move for bail.ratio¶5
On such surrender, the petitioner shall be released on bail on terms and conditions the court below deems fit and proper, including the conditions specified in the order.ratio

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No. 966 of 2025, order dated 10.2.2025 (Sashikanta Mishra, J.): Anticipatory bail declined to the petitioner apprehending arrest in Gochhapada P.S. Case No. 46 of 2020 / C.T. Case No. 41-B of 2020 (Special Judge, Phulbani) under Sections 20(b)(ii)(C) of NDPS Act. Although 350 kgs of contraband ganja stored by Narottam Palia was seized and the petitioner was named by him in police custody, the court found no material prima facie showing the petitioner's involvement; noting parity with co-accused Soren alias Surendra Digal, released on regular bail in BLAPL No. 10675 of 2022, the court disposed of the ABLAPL permitting surrender within two weeks and move for bail, assuring release subject to conditions: reporting before the IIC, Gochhapada P.S. every Sunday at 10.00 A.M. for six months (IIC to certify), attendance on every posting date, and automatic cancellation of the order on any single default.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 966 of 2025

Purna Chandra …. Petitioner Digal Mr.A.R.Panda, Advocate -Versus - State of Odisha …. Opposite Party

…. Opposite Party

Additional Standing Counsel

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_ 10.2.2025.

Order No.

01.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl. Standing counsel for the State.

The petitioner is apprehending arrest in connection with Gochhapada P.S. Case No. 46 of 2020 corresponding to C.T. Case No. 41-B of 2020 pending in the court of the learned Special Judge, Phulbani for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

The prosecution case is that one Narottam Palia had stored 350 kgs of contraband ganja which was seized by police from his house. Several persons were also present, but they fled away. Said Narottam Palia, while in police custody, disclosed the name of the

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petitioner as being one of the persons involved. Though, huge quantity of Ganja was recovered yet there is no material prima facie to show involvement of the petitioner in the alleged occurrence. One of the co-accused namely Soren alias Surendra Digal has been released on regular bail as per order passed by this court in BLAPL No. 10675 of 2022. The petitioner stands on the same footing.

Considering the nature of accusations and also the materials on record, while not being inclined to grant anticipatory bail to the petitioner, the ABLAPL is disposed of granting liberty to the petitioner to surrender before the court below within two weeks from the date of receipt of certified copy of this order and to move for bail. In such event, he shall be released on bail on such terms and conditions as the court below may deem fit and proper to impose including the following conditions:-

(i) He shall appear before the IIC of Gochhapada Police Station on every Sunday at 10.00 A.M. for a period of six months and such fact shall be certified by the IIC to the concerned court.

(ii) He shall appear before the court in seisin over the matter on each date of posting of the case without fail and in case of even a single default, this order shall stand automatically cancelled.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

Signature Not Verified

Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, C AKB utta ck Date: 10-Feb-2025 18:45:12

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