Raj Kumar Chetty vs State Of Orissa .... Opposite Party on 3 July, 2023

[Cites 3, Cited by 0]

Orissa High Court

Raj Kumar Chetty vs State Of Orissa .... Opposite Party on 3 July, 2023

Bench: V. Narasingh

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                            BLAPL No. 3544 of 2023

             Raj Kumar Chetty                        ....                    Petitioner
                                                           Mr. S. Mishra, Advocate
                                              -versus-

             State of Orissa                         ....               Opposite Party
                                                              Mr. A. Pradhan, ASC

                                CORAM: JUSTICE V. NARASINGH
                                               ORDER

03.07.2023 Order No.

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

2. The Petitioner is an accused in connection with T.R No. 110 of 2022, pending in the Court of learned Additional Sessions Judge-cum- Special Judge, Koraput arising out Pottangi P.S. Case No. 129 of 2022, for alleged commission of offences under Sections 20(b)(ii)( C)/29 of NDPS Act.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Additional Sessions Judge-Cum-Special Judge, Koraput by order dated 17.03.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is in custody since 18.09.2022 on the accusation of possessing contraband (ganja) to the tune of 803 kg. 765 grams along with other co-accused.

5. It is submitted by the learned counsel for the Petitioner that there are 2 vehicles involved in the case at hand, one is a truck bearing registration No. RJ06GA-6951 and another Bolero having bearing registration No. OD10P-9133.

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6. It is the case of the Petitioner relying on the materials on record that contraband was seized from the truck and there have been no seizure from the Bolero and as the Petitioner was a driver of the Bolero, his further continuance in custody is not warranted.

7. Learned counsel for the petitioner also relies on the order dated 30.06.2023 passed by this Court in respect of the co-accused, namely, Sarat Khara in BLAPL No. 6807 of 2023 and seeks release inter alia on the ground of parity.

8. On the bare perusal of the order relating to said Sarata Khara, it can be seen that what weighed with this Court is that the implication of the said accused was on account of co-accused statement.

9. As rightly pointed out by- the learned counsel for the State, the Petitioner cannot said to be similarly circumstanced with the said co- accused person been released.

10. From the materials on record, the learned counsel has not been able to point out the basis on which he claims that the Petitioner was in the Bolero from which admittedly no contraband was seized.

11. Considering the seizure of 803 kg. 765 grams of Ganja and there being no mitigating circumstances, in view of the Bar contained under Section 37 of the NDPS Act, this Court is not inclined to entertain this bail application.

12. Accordingly this BLAPL stands rejected.



                                                                       (V. NARASINGH)
                 Soumya                                                      Judge




Signature Not Verified
Digitally Signed
Signed by: SOUMYA RANJAN SAMAL
Reason: Authentication
Location: High Court of Orissa
Date: 05-Jul-2023 08:42:15

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