Ramesh Chandra vs State Of Odisha .... Opposite Party on 4 February, 2025

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Orissa High Court

Ramesh Chandra vs State Of Odisha .... Opposite Party on 4 February, 2025

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              BLAPL No.725 of 2025

             Ramesh Chandra                ....              Petitioner
             Pradhan
                                               Ms. A. Hota, Advocate

                                    -versus-

        State of Odisha                    ....         Opposite Party
                                                  Mr. S.N. Das, ASC

                        CORAM: JUSTICE V. NARASINGH
                                       ORDER

04.02.2025 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 T.R. Case No.305 of 2024, pending in the Court of learned 5th Addl. Sessions Judge, Bhubaneswar, arising out of Balianta P.S. Case No.271 of 2024, for commission of alleged offences under Section 20(b)(ii)(C) of NDPS Act r/w Section 285 and 286 of IPC and under Section 9B (i)(b) of the Explosive Act.

3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Page 1 of 3 Suraksha Sanhita (BNSS) by the learned Addl. District and Sessions Judge (L.R & L.T.V), I/c, Bhubaneswar by order dated 15.01.2025, the present BLAPL has been filed.

5. It is submitted by the learned counsel that the Petitioner is in custody since 03.06.2024 and as the final form has already been filed in the meanwhile, he may be released on bail.

6. The allegation against the Petitioner is that he along with co-accused are found to be involved in transportation of contraband (ganja) to the tune of 35 kgs.

7. 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 and more particularly referring to the criminal antecedents of the Petitioner, which runs thus:

"xxx xxx xxx 1. TR Case No. 441 of 2023 corresponding to Bhubaneswar Range-1 PS Vide P.R. No. 60 of 2023-24 U/s 20(b)(ii)(C) NDPS Act seizure of 20 Kg 500 grams Ganja.

2.TR Case No. 90 of 2024 arising out PR No. 108/2023-24 of OIC Balianta Excise station Dt. 22.02.2024 U/s 20(b)(ii) (C) NDPS Act.

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3.Gopalpur PS Case No. 101/2020 U/s 224/269/270/34 IPC.

4. Balianta PS Case No. 271 Dt. 03.06.2024 U/s 20(b) (ii) (C) NDPS Act/Sec 285/286 IPC/Sec-9B(1)(b) Explosive Act.

xxx xxx xxx"

8. It is apt to note here that offences of two of the cases are similar nature.

9. Taking note of the same and in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act, this Court is not inclined to entertain the bail application at this stage.

10. Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin at a latter stage.

11. Accordingly, all the BLAPL stands disposed of.

(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 06-Feb-2025 11:17:59 Page 3 of 3

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