Rijwan @ Rizwan Khan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Rijwan @ Rizwan Khan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Conditional relief: petitioner to be released on bail on the same terms and conditions as the order dated 20.09.2021 in BLAPL No. 5105 of 2020, plus any further conditions imposed by the court below, if he surrenders before the learned Special Judge, Koraput at Jeypore on or before 14.05.2025 and files a bail application; the N.B.W. order itself is not interfered with.

Issue for consideration

Whether the order dated 25.02.2025 passed by the learned Special Judge, Koraput at Jeypore issuing N.B.W. of arrest against the petitioner calls for interference by this Court, and what relief can be given to secure the petitioner's presence in the trial.

Court's answer

No illegality is found in the order dated 25.02.2025 so as to interfere with it.

Ratio / Principle

Considering the petitioner's willingness to surrender and to secure his presence in the trial, it is directed that if the petitioner surrenders before the learned Special Judge, Koraput at Jeypore on or before 14.05.2025 and files an application for bail, he shall be released on bail on the same terms and conditions as imposed by this Court in its order dated 20.09.2021 in BLAPL No. 5105 of 2020, along with any other conditions the court below may impose after verifying that the petitioner had not defaulted in appearance on any date before 25.02.2025.

Detailed headnote1 paragraphs

NDPS Act — Non-bailable warrant — CRLMC challenging order dated 25.02.2025 of the learned Special Judge, Koraput at Jeypore in T.R. Case No. 26 of 2020 (arising out of Jeypore Town P.S. Case No. 167 of 2020, u/S 20(b)(ii)(C) NDPS Act) issuing N.B.W. of arrest against the petitioner and one Pankaj Kumar for absence and failure to take steps: Held, no illegality in the N.B.W. order so as to interfere with it; however, as this was the petitioner's first default, allegedly due to a communication gap between him and his counsel, and he was willing to surrender, directed that if he surrenders in the court below on or before 14.05.2025 and files a bail application, he shall be released on bail on the same terms and conditions as imposed in the earlier bail order dated 20.09.2021 in BLAPL No. 5105 of 2020, subject to such other conditions as the court below may impose after verifying that he had not defaulted in appearance on any date before 25.02.2025. CRLMC disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1510 of 2025

Rijwan @ Rizwan Khan

….. Petitioner Mr. Arijeet Mishra, Advocate

-versus-

State of Odisha

….. Opp. Party

Mr. Siba Narayan Biswal, A.S.C.

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 23.04.2025

Order No.

01. (Through hybrid Mode)

This CRLMC has been filed by the petitioner, challenging the order dated 25.02.2025 passed by the learned Special Judge, Koraput at Jeypore in T.R. Case No. 26 of 2020 arising out of Jeypore Town P.S. Case No. 167 of 2020, issuing N.B.W. of arrest against the petitioner and one Pankaj Kumar as they were absent on repeated calls and no steps were taken on their behalf.

Mr. Arijeet Mishra, learned counsel for the petitioner submits that the FIR has been registered against the petitioner and coaccused Satyaveer, Pankaj Kumar and Manoj Kumar in Jeypore Town P.S. Case No. 0167 of 2020 which was registered under Section 20(b)(ii)(C) of the NDPS Act. He further submits that the prayer of the petitioner for bail had been allowed by this Court by order dated 20.09.2021 passed in BLAPL No. 5105 of 2020. After his release on bail, steps were being taken on behalf of the petitioner on each date. But on 25.05.2025, on account of communication gap between the petitioner and his counsel, no steps were taken on his behalf for which NBW of arrest has been issued against him. The

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learned counsel submits that this is the first default of the petitioner and NBW of arrest had not been issued against him earlier. He also submits that the petitioner is willing to surrender in the Court below on or before 14.05.2025.

I do not find any illegality in the order dated 25.02.2025 so as to interfere with the same. But considering the submission of the learned counsel that the petitioner is willing to surrender in the Court below and in order to secure his presence in the trial, it is directed that if the petitioner surrenders in the Court of the learned Special Judge, Koraput at Jeypore in the aforesaid case on or before 14.05.2025 and files an application for bail, he shall be released on bail on the same terms and conditions as imposed by this Court in its order dated 20.09.2021 passed in BLAPL No. 5105 of 2020 along with any other conditions which may be imposed by the learned Court below after verifying that the petitioner had not defaulted in appearance on any date before 25.02.2025.

The CRLMC is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

(Savitri Ratho) Judge

Sukanta

Signature Not Verified

Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Apr-2025 20:15:59

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