Orissa High Court

Paku Patel @ Dileswar Nayak vs State Of Odisha .... Opposite Party on 17 October, 2023

Author:
V. Narasingh

Bench:
V. Narasingh

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11537 of 2023

Paku Patel @ Dileswar Nayak .... Petitioner
Mr. S.K. Pradhan, Advocate
-versus-

State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC

CORAM: JUSTICE V. NARASINGH
ORDER

17.10.2023
Order No.

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

2. The Petitioner is an accused in connection with C.T(Special)
Case No.61 of 2023, pending before the Court of the learned Sessions
Judge-cum-Special Judge, Bargarh, arising out of Amabbhona P.S.
Case No.142 of 2023, for commission of the alleged offence under

Section-20(b)(ii)(C)
/
of NDPS Act.

3. Being aggrieved by the rejection of his application for bail
U/s.439
Cr.P.C
. by the learned Sessions Judge-Cum-Special Judge,
Bargarh, by order dated 25.09.2023 in the aforementioned case, the
present BLAPL has been filed.

4. In view of the order passed by this Court dated 03.08.2023 in
BLAPL No.8034 of 2023 relating to the co-accused, this Court is not
inclined to entertain this bail application at this stage.

5. As in the case of the co-accused (BLAPL No.8034 of 2023)
taking into account the contraband seized is to the tune of 69 Kg 760
grams of ganja, this Court is of the considered view that in terms of

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the stipulation in
Section 37
of the NDPS Act, it would not be prudent
to consider the application for bail, during currency of investigation
without having the benefit of evaluation of incriminating materials qua
the petitioner, post charge sheet by the learned Court in seisin.

6. The petitioner is at liberty to move the learned Court below
after filing of charge sheet. The same shall be considered on its own
merits without being influenced by the earlier rejection or the order
passed by this Court.

7. Accordingly, the BLAPL stands disposed of.

8. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH)
Judge
Soumya

Signature Not Verified

Digitally Signed

Signed by: SOUMYA RANJAN SAMAL

Designation: Jr. Stenographer

Reason: Authentication

Location: High Court of Orissa
Date: 18-Oct-2023 20:28:36

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