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Orissa High CourtABLAPL/2625/2022disposed off

Dilip Kumar Das v. Union Of India

2022-04-06Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2625 of 2022 Dilip Kumar Das ....

Petitioner Mr. B. Mohanty, Advocate -versusUnion of India ....

Opp. Party Mr. Udit Ranjan Jena Assistant Solicitor General for N.C.B.

ABLAPL No.2698 of 2022 Mina Kumari Behera ....

Petitioner Mr. B. Mohanty, Advocate -versusUnion of India ....

Opp. Party Mr. Udit Ranjan Jena Assistant Solicitor General for N.C.B.

ABLAPL No.2764 of 2022 Rajib Behera ....

Petitioner Mr. B. Mohanty, Advocate -versusUnion of India ....

Opp. Party Mr. Udit Ranjan Jena Assistant Solicitor General for N.C.B.

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CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.04.2022 01.

All the anticipatory bail applications are taken up through Hybrid arrangement (video conferencing/ physical mode).

Since all the anticipatory bail applications arise out of one case i.e. NCB Crime Case No.02 of 2021, with the consent of the learned counsel for the respective parties, all the cases are heard analogously and disposed of by this common order.

Heard learned counsel appearing for the petitioners and learned counsel for the N.C.B. in all the anticipatory bail applications.

All the applications are under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with NCB Crime Case No.02 of 2021 for alleged commission of offences under section 8(c) read with sections 20(b)(ii)(C)/29 of the N.D.P.S. Act. Perused the F.I.R.

This is a case of seizure of commercial quantity of ganja.

The instruction received by the learned counsel for the N.C.B. indicates that the petitioner Rajib Behera in ABLAPL No.2764 of 2022 has got one criminal antecedent under N.D.P.S. Act, which was also a case of seizure of commercial quantity of ganja

// 3 // and in the said case, he was released on bail by this Court. So far as petitioner Dilip Kumar Das in ABLAPL No.2625 of 2022 and petitioner Mina Kumari Behera in ABLAPL No.2698 of are concerned, the instruction received indicates that their mobile numbers are linked with the case, for which their interrogation is also necessary.

In view of the available materials on record and particularly the nature and gravity of the accusation against the petitioners, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender in the Court below and move for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Court below in accordance with law. The case records shall be made available to the Court concerned for adjudication of the bail application. All the ABLAPLs are accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM