IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10470 of 2024
.....
Landa Sahu @ Subash Chandra Petitioner
Sahu
Represented By Adv. –
Mr. Suryakanta Dwibedi
-versus-
.....
State Of Odisha Opposite Party
Represented By Adv. –
Mr. Samaresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
30.09.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/ Physical Mode).
2. Heard learned counsel for the Petitioner and learned
Additional Standing Counsel appearing for the State-Opposite
Party.
3. The present application has been filed under Section 482
of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in
connection with Gochhapada P.S. Case No.134 of 2024,
corresponding to C.T. Case No.132 of 2024, pending in the
court of learned Special Judge, Phulbani, for alleged
commission of offence punishable under Section
20(b)(ii)(C)/25/29 of the N.D.P.S. Act read with Sections 25/27
Page 1 of 3.
of Arms Act.
4. It is stated by the learned counsel for the Petitioner that
the Petitioner, as per the F.I.R. allegation, is the seller of the
contraband Ganja. He further contended that the Petitioner was
not present at the spot of occurrence and that nothing has been
recovered from the conscious and exclusive possession of the
present Petitioner. In such view of the matter, learned counsel
for the Petitioner submitted that the bar under Section 37 of the
N.D.P.S. Act would not be attracted to the facts of the present
case. He further contended that the Petitioner does not have any
criminal antecedent and that the Petitioner belongs to the
locality, therefore, there is no chance of his absconding.
5. Learned counsel for the State, on the other hand, opposed
the release of the Petitioner on the ground that a total quantity of
400 Kgs. of contraband Ganja was recovered from the accused
persons other than the present Petitioner.
6. Taking into consideration the submissions made by the
learned counsels appearing for the respective parties and on a
careful examination of the materials on record, I am not inclined
to grant pre-arrest bail to the Petitioner. However, it is directed
that in the event the Petitioner surrenders before the Court in
seisin over the matter within a period of four weeks from today
and moves an application for bail, the Court in seisin over the
mater shall consider and dispose of the bail application of the
Petitioner in accordance with law on the same day. Further,
while considering the bail application of the Petitioner, the
Page 2 of 3.
Court in seisin over the matter shall also take note of the
aforesaid observation made hereinabove.
7. The Case Diary be made available to the concerned court
to facilitate disposal of the bail application of the Petitioner.
8. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra)
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 01-Oct-2024 17:27:45
Page 3 of 3.