Pabitra Garia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.521 of 2022

1. Pabitra Garia

2. Subash Chandra Bagha

3. Makaranda Bhoi ....

Petitioners Mr.J. Kamila, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P.Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

02.02.2022 01.

This matter is taken up through video conferencing mode.

Heard the learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Manamunda P.S. Case No. 164 of 2021 corresponding to C.T. Case No.561 of 2021 pending in the Court of learned Addl. Sessions Judge, Kantamal, Boudh for the commission of the alleged offences punishable under section 20(a) of the N.D.P.S. Act and section 27(1) of Odisha Forest Act, 1972.

// 2 // It is a case of cultivation of cannabis plant and the petitioners were stated to be present at the spot and on seeing the police party, they fled away. In view of the nature and gravity of accusation and keeping in view the bar under section 37 of the N.D.P.S. Act, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender and move for bail before the Court below within a period of four weeks from today, the learned Court below shall dispose of the same expeditiously. The case records shall be made available to the Court concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide office order dated 7th January 2022. ( S.K. Sahoo) Judge PKSahoo