Botu Golori v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.583 of 2022 Botu Golori ....

Petitioner Mr. P.K. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, 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 petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Chitrakonda P.S. Case No. 127 of 2020 corresponding to T.R. Case No.143 of 2020 pending in the Court of learned Sessions Judge -cumSpecial Judge, Malkangiri for the commission of the alleged offences punishable under sections 20(b)(ii)(C), 25 and 27 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that the prosecution case is that the house in question from which the contraband ganja of commercial

// 2 // quantity was seized does not belong to the petitioner and he is not the owner of the said house and he has been falsely entangled in the case and therefore, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail on the ground that there is a bar under section 37 of the N.D.P.S. Act. Considering the submissions made by the learned counsel for the respective parties and the nature of accusation, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders and moves 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