Orissa High Court

Vijay Chouhan & Another vs State Of Odisha .... Opposite Party on 30 November, 2023

Author:
V. Narasingh

Bench:
V. Narasingh

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12347 of 2023

Vijay Chouhan & Another .... Petitioners
Mr. S.K. Sahu, Advocate
-versus-

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

CORAM: JUSTICE V. NARASINGH

ORDER

30.11.2023
Order No.

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

2. The Petitioner are accused in connection with T.R. Case
No.92 of 2023, pending in the Court of learned Sessions Judge-
cum-Special Judge, Sambalpur, arising out of EI & EB Unit-II,
(ND) Sambalpur P.R. Case No.233 of 2023-24 for alleged
commission of offences under
Section 20(b)(ii)(C)
of the NDPS
Act.

3. Being aggrieved by the rejection of their application for
bail U/s.439
Cr.P.C
. by the learned Sessions Judge-cum-Judge
(Special Court), Sambalpur by order dated 17.10.2023 in the
aforementioned case, the present BLAPL has been filed.

4. Keeping in view the order dated 07.08.2023 passed in
respect of the co-accused in BLAPL No.8093 of 2023, since the
consideration of the learned Court in seisin is before charge sheet
and considering the quantity of contraband to the tune of 40Kgs
(Ganja) and taking into account the stipulation under
Section 37
of

Page 1 of 2

NDPS Act
, this Court is not inclined to entertain the bail application
at this stage without having the benefit of evaluation of
incriminating materials qua the Petitioners, post charge sheet by the
learned Court in seisin.

5. The Petitioners is at liberty to move the learned Court in
seisin after filing of charge sheet. If such an application is moved,
the same shall be considered on its own merits without being
influenced by the earlier rejection or the order passed by this Court.

6. Accordingly, the BLAPL stands disposed of.

(V. NARASINGH)
Ayesha Judge

Signature Not Verified

Digitally Signed

Signed by: AYESHA ROUT

Designation: Junior Stenographer

Reason: Authentication

Location: High Court of Orissa
Date: 02-Dec-2023 13:38:52

Page 2 of 2