Orissa High Court
Md. Sameer @ Md. Chhotu vs State Of Orissa ..... Opp. Party on 20 September, 2024
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5812 of 2024
Md. Sameer @ Md. Chhotu ..... Petitioner
Mr. Amlan Mohanty, Advocate
Vs.
State of Orissa ..... Opp. Party
Mr. J. P. Patra, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
20.09.2024 (Through hybrid mode) Order No. 1. This is the second application of the petitioner under
02. Section 439 of Cr.P.C. in this Court in connection with Barbil P.S. Case No.344 of 2023 corresponding to Special Case No.45 of 2023, pending in the file of the learned Special Judge (NDPS) Act, Champua, registered for commission of offences punishable under Section 21 (b) of the NDPS Act and Section 27 (b) (ii) of the Drugs and Cosmetics Act, 1940 against the petitioner and others.
2. BLAPL No. 948 of 2024 filed by the petitioner earlier had been dismissed considering the quantity of cough syrup seized and as investigation was in progress but liberty had been Page 1 of 3 granted to him to move for bail afresh after completion of investigation.
3. On 04.09.2024, when the matter was listed, a withdrawal memo had been filed by the learned counsel for the petitioner praying for withdrawal of the bail application. As no reason had been cited in the memo for withdrawal, nor had been stated in the memo that it had been filed as per instruction of the petitioner, the matter was adjourned to today and report had been called for from the learned trial Court regarding the status of the accused.
4. Report dated 10.09.2024 has been received from the learned Additional District and Sessions Judge, Champua where it is stated that the petitioner Md. Sameer @ Md. Chhotu is in judicial custody since 16.12.2023 and the case is posted to 30.09.2024 for consideration of charge.
5. Mr. A. Mohanty, learned counsel for the petitioner submits that the bail application is sought to be withdrawn as per instructions of the petitioner and he shall file a memo to that effect in course of the day.
Page 2 of 3
6. If the said memo is filed, it shall be scanned and incorporated in the digital record.
7. Considering the submissions of the learned counsel, the BLAPL is dismissed as withdrawn.
8. Copy of this order be sent to the learned trial Court by the Registry forthwith.
(Savitri Ratho) Judge Subhalaxmi Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Page 3 of 3 Location: Orissa High Court, Cuttack Date: 20-Sep-2024 20:29:22