Orissa High Court

Dalsher Singh vs State Of Odisha .... Opposite Party on 7 December, 2023

Author:
V. Narasingh

Bench:
V. Narasingh

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 12758 of 2023

Dalsher Singh .... Petitioner
Mr. S.S. Ray (2), Advocate

-versus-

State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

07.12.2023
Order No.

02. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.

2. Learned counsel for the Petitioner, on instruction, submits
that except the present BLAPL, no other bail application of the
Petitioner is pending in any other Court.

3. The Petitioner is an accused in connection with T.R. Case
No.26 of 2023 pending on the file of learned Dist. & Sessions
Judge-cum-Spl. Judge, Rayagada, arising out of Rayagada Excise
Station P.R. Case No.51 of 2023-24 for commission of offence
alleged under
Sections 20(b)(ii)(C)
of the NDPS Act.

4. Being aggrieved by the rejection of his application for bail
U/s.439
Cr.P.C
. by the learned Special Judge, Rayagada by order
dated 19.10.2023 in the aforementioned case, the present BLAPL
has been filed.

5. This is the third journey of the Petitioner to this Court.

6. In the second bail application of the Petitioner i.e. BLAPL
No.9457 of 2023, this Court directed release of the Petitioner by

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order dated 05.10.2023 subject to verification of criminal
antecedent, taking into account that the accusation against the
Petitioner is of transportation of contraband (ganja) to the tune of
30 kgs 300 grams.

7. Since the Petitioner has four criminal antecedents
including two cases which are under the
NDPS Act
, learned Court
in seisin rejected the bail application of the Petitioner.

8. Ex-facie, this Court does not find any infirmity in the order
passed by the learned Court in seisin.

9. Learned counsel for the State opposes the prayer for bail in
view of the bar contained in
Section 37(1)(b)(ii)
of the NDPS Act.

10. It is submitted by the learned counsel for the Petitioner that
out of the four cases, in two of the cases the Petitioner has been
acquitted and in two other cases relating to the
NDPS Act
are under

Section 21
and
of the NDPS Act.

11. In terms of the
Section 37
of the NDPS Act, before
releasing, this Court has to be satisfied regarding the twin condition
that prima facie the Petitioner is not involved in the commission of
offence and on being released the Petitioner shall not be indulged
himself in any other offence.

12. Taking into account the criminal proclivity of the
Petitioner, this Court is not inclined to entertain the bail application
at this stage.

13. Leave is granted to the Petitioner to renew his prayer
before the learned Court in seisin at a later stage.

14. Accordingly, the BLAPL stands disposed of.

Signature Not Verified

Digitally Signed

Signed by: SANTOSHI LENKA

Designation: Senior Stenographer

Reason: Authentication

Location: High Court of Orissa
(V. NARASINGH)
Date: 08-Dec-2023 19:07:57
Judge
Santoshi

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