T. Saran Raj v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10524 of 2022 T. Saran Raj ....

Petitioner Mr. K.C. Dash, Advocate -versusState of Orissa ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

17.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in connection with Special G.R. Case No.125 of 2022, pending in the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrakonda P.S. Case No.103 of 2022, for alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri, by order dated 25.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Since the date of occurrence is on 19.08.2022 and the consideration by the learned Court in seisin was on 25.08.2022 and taking into account the quantity of contraband seized being to the

tune of 132Kg 300gms, this Court is not inclined to entertain this bail application during the currency of investigation. 6.

It shall be open to the petitioner to renew his prayer before the learned Court in seisin over the matter post final form, which shall be considered on its own merits without being influenced by the earlier order of rejection of the learned Court in seisin or order passed by this Court.

7.

Accordingly, the BLAPL stands rejected.

8.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha