Orissa High Court
Rajesh Gupta vs State Of Odisha .... Opposite Party on 31 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 4014 of 2023
Rajesh Gupta .... Petitioner
Mr. Sk. Zafarulla, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
BLAPL No. 5054 of 2023
Ram Prasad Rajbanshi .... Petitioner
Mr. Sk. Zafarulla, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
31.08.2023 Order No.
04. 1. Since both the matters arise out of Koraput Excise Station P.R. No.33 of 2022-23, they are heard together and disposed of by this common order on the consent of the parties.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners are an accused in connection with T.R. Case No.94 of 2022, pending before the Court of the learned Additional Sessions Judge-Cum-Special Judge, Koraput, arising out of Koraput Excise Station P.R. No.33 of 2022-23, for alleged commission of offences under Sections 20(b)(ii)(C) of NDPS Act.
Page 1 of 24. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-Cum-Special Judge, Koraput by order dated 15.03.2023 in the aforementioned case, the present BLAPL has been filed.
5. It is submitted by the learned counsel that Petitioners are in custody since 09.09.2022 and as final P.R. has already been filed in the case at hand on 06.03.2023, they may be released on bail since it is submitted that there has been violation of the of mandatory provisions contained in Section 50 of the NDPS Act.
6. It is seen that the accusation against the present Petitioners are that they were found in possession of the contraband(Ganja) to the tune of 120 Kgs.
7. The manner in which the seizure is effected from the vehicle in which the Petitioners are travelling, the details relating to compliance of Section-50 of NDPS Act on record, being part of the PR, this Court is prima facie satisfied that the contraband is seized for the conscious and exclusive possession of the Petitioner. Since there are no mitigating circumstances and keeping in view the rigors of Section-37 and the twin test adverted to by the learned counsel for the State, this Court is not inclined to entertain this bail application at this stage.
8. It is needless to state that the observation made herein are only for the purpose of considering the bail application and no way ought to be construed as expressing any opinion regarding the complicity of the Petitioner which has to be adjudicated in an independent manner in the impending trial.
9. Accordingly, the BLAPL stands disposed of.
(V. NARASINGH) Judge Signature SoumyaNot Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Sep-2023 15:11:28 Page 2 of 2