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Deben Khora @ Kana @ Debendra Khara Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

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Orissa HC
2025
Deben Khora @ Kana @ Debendra Khara Vs State of OdisDeben Khora @ Kana @ Debendra Khara v. State of Odisha

Dismissed¶17

Deben Khora @ Kana @ Debendra Khara v. State of Odisha

Bail refusal – NDPS

Orissa HC29 Jan 2025BLAPL/3662/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; BLAPL No.3662 of 2024; Justice G. Satapathy; order dated 29.01.2025; bail rejected under S.439 Cr.P.C.; NDPS Act S.20(b)(ii)(C) and S.37; commercial quantity 216 Kg 800 g ganja; Machkund PS Case No.127/2023; T.R. Case No.117/2023, Special Judge, Koraput; petitioner Deben Khora @ Kana @ Debendra Khara; custody since 11.03.2024; vehicle AP28CB-3176; no criminal antecedent; S.37 conditions not satisfied; bail refused.

What did the court decide?

Taking into account the nature and gravity of the offence, the petitioner's name figuring in the FIR as an accused, the seizure of 216 Kgs and 800 Grams of contraband ganja constituting commercial quantity, and the petitioner's failure to satisfy the conditions of Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage. ¶16

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, named in the FIR but claimed to be neither apprehended from the spot nor in exclusive possession of the contraband, and with no reported criminal antecedent, should be granted regular bail under Section 439 Cr.P.C. in an NDPS case involving seizure of ganja in commercial quantity, notwithstanding the conditions of Section 37 of the NDPS Act.

Court's answer

Taking into account the nature and gravity of the offence, the petitioner's name figuring in the FIR as an accused, the seizure of 216 Kgs and 800 Grams of contraband ganja constituting commercial quantity, and the petitioner's failure to satisfy the conditions of Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage.

Detailed headnote1 paragraphs

Bail refusal – NDPS – commercial quantity ganja. Application under S.439 Cr.P.C. for bail in Machkund PS Case No.127 of 2023 / T.R. Case No.117 of 2023 (Addl. Sessions Judge-cum-Special Judge, Koraput) arising out of alleged transportation of 216 Kgs and 800 Grams of contraband ganja (commercial quantity) in a Maruti Omini Van (Regn. No. AP28CB-3176), offence under S.20(b)(ii)(C) NDPS Act. Petitioner, in custody since 11.03.2024, contended he was neither apprehended at the spot nor in exclusive possession of the contraband, was merely named in the FIR, the vehicle was not his, and no criminal antecedent was reported. The State opposed, invoking S.37 NDPS Act. Holding: regard being had to the petitioner's name in the FIR, the commercial-quantity seizure, and his failure to satisfy the conditions of S.37 NDPS Act, the Court declined bail at that stage; the bail application stood rejected and the BLAPL disposed of (Orissa High Court, G. Satapathy J., 29.01.2025).

A

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3662 of 2024

Deben Khora @ Kana @ Debendra … Petitioner Khara

Mr. R.L. Pattnaik, Advocate

-versus-

State of Orissa

… Opposite Party Mr.A. Pradhan, Addl. PP

Order No.

05.

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 29.01.2025

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

This is the bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Machkund PS Case No. 127 of 2023 corresponding to T.R.Case No.117 of 2023 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput for commission of offences punishable under Section 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 216 Kgs and 800 Grams of Contraband Ganja in a Maruti Omini Van bearing Registration No. AP28CB-3176.

In the course of hearing, Mr. Rajib Lochan Pattnaik, learned counsel for the Petitioner appearing virtually submits that the Petitioner was neither apprehended from the spot nor was any Contraband Ganja seized from his exclusive possession, but the Petitioner has been named in the FIR, although the

Page 1 of 2

Maruti Omini Van does not belong to the Petitioner and, therefore, in this premises, the petitioner having been detained in custody since 11.03.2024 may kindly be granted bail, especially when no criminal antecedent is reported against him.

On the contrary, Mr. A. Pradhan, learned Addl. Public Prosecutor opposes the prayer of the Petitioner on the ground that not only the name of the Petitioner finds place in the FIR, but also there is prima facie case against the Petitioner and the Petitioner having not satisfied the conditions of Sec. 37 of NDPS Act, his bail application may kindly be turned down.

After having considered the rival submissions and taking into account the nature and gravity of the offence as alleged vis-à-vis the accusation sought to be brought against the Petitioner and keeping in view the finding of name of the petitioner in the FIR as an accused and regard being had to the seizure of 216 Kgs and 800 Grams of Contraband Ganja which is coming under commercial quantity and the failure of the Petitioner to satisfy the conditions of Section 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage.

Hence, the bail application of the petitioner stands rejected.

Signature Not Verified

Accordingly, the BLAPL stands disposed of.

Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA (G. Satapathy) Date: 30-Jan-2025 18:09:34 Judge

Priyajit

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, named in the FIR but claimed to be neither apprehended from the spot nor in exclusive possession of the contraband, and with no reported criminal antecedent, should be granted regular bail under Section 439 Cr.P.C. in an NDPS case involving seizure of ganja in commercial quantity, notwithstanding the conditions of Section 37 of the NDPS Act.¶16
The court held
Taking into account the nature and gravity of the offence, the petitioner's name figuring in the FIR as an accused, the seizure of 216 Kgs and 800 Grams of contraband ganja constituting commercial quantity, and the petitioner's failure to satisfy the conditions of Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage.ratio¶16

Statutes considered

4 provisions across 2 enactments

AI extract

Code of Criminal Procedure, 1973 (Cr.P.C.)439¶11
Narcotic Drugs and Psychotropic Substances Act (NDPS Act)20(b)(ii)(C)¶11 37¶15 37¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
Underlying criminal case: Machkund PS Case No. 127 of 2023, corresponding T.R. Case No. 117 of 2023, pending before the learned Addl. Sessions Judge-cum-Special Judge, Koraput, for offences under Section 20(b)(ii)(C) of the NDPS Act on the allegation of transporting 216 Kgs and 800 Grams of contraband ganja in a Maruti Omini Van bearing Registration No. AP28CB-3176.¶11
Prior proceeding
Petitioner has been detained in custody since 11.03.2024; counsel states no criminal antecedent is reported against him.¶14

Parties & counsel

AI extract

petitioner
Deben Khora @ Kana @ Debendra Khara¶2
R.L. Pattnaik
respondent
State of Orissa¶5
A. Pradhan

Coram

AI extract

G. Satapathyauthor¶9

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 29 Jan 2025 · January
Registered: 19 Apr 2024
Case no.: BLAPL/3662/2024
CNR: ODHC010280852024
Topic: Narcotics (NDPS)
Bench: Gourishankar Satapathy
Disposal: Disposed Off
Case type: BLAPL

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Cite this judgement

Deben Khora @ Kana @ Debendra Khara v. State of Odisha, BLAPL/3662/2024 (OD), decided on 29 January 2025.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Code of Criminal Procedure, 1973 (Cr.P.C.)439
Narcotic Drugs and Psychotropic Substances Act (NDPS Act)20(b)(ii)(C) · 37 · 37

View all statutes

Procedural history2

Underlying criminal case: Machkund PS Case No. 127 of 2023, corresponding T.R. Case No. 117 of 2023, pending before the learned Addl. Sessions Judge-cum-Special Judge, Koraput, for offences under Section 20(b)(ii)(C) of the NDPS Act on the allegation of transporting 216 Kgs and 800 Grams of contraband ganja in a Maruti Omini Van bearing Registration No. AP28CB-3176.
Petitioner has been detained in custody since 11.03.2024; counsel states no criminal antecedent is reported against him.

View full history

Bench / Coram

G. Satapathy

Parties & counsel