Kalandi Ch. Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11488 of 2022 Kalandi Ch. Sahu ....

Petitioner Mr.Surya Kanta Pradhan, Advocate -versusState of Odisha ....

Opp. Party Mr. S.Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.09.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

The Petitioner is seeking pre-arrest bail in connection with Special Case No.27 of 2019, arising out of Angul P.S.Case No.663 of 2019 pending in the Court of the learned Sessions Judge, Cuttack for commission of alleged offence punishable under sections 21(b) of the NDPS Act 1985 read with Section 13/18-A/18(c) of the Drugs and Cosmetics Act, 1940.

5.

It is submitted by the learned counsel for the Petitioner that the Petitioner is no way connected with the allegations made in the F.I.R. and has been falsely implicated due to previous enemity between the informant and the Petitioner. He also submits that the Petitioner has no nexus with the seized materials and the Petitioner has no criminal

// 2 // antecedents.

6.

Taking into consideration the nature of offence and nonavailability of the case diary, I am not inclined to exercise any discretion under Section 438 Cr.P.C. in favour of the Petitioner. 7.

However, it is observed that the Petitioner, if so advised, may surrender before the learned Sessions Judge, Cuttack in the aforesaid case within three weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Sessions Judge, Cuttack shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner. 8.

Accordingly, the ABLAPL stands disposed of.

9.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS