Paramananda Subudhi vs State Of Odisha
2023 Latest Caselaw 3788 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.791 of 2023

             Paramananda Subudhi                 ....                  Petitioner
                                                      Mr. D.K. Rath, Advocate
                                          -versus-

             State of Odisha                     ....             Opposite Party
                                                          Mr. A. Pradhan, ASC

                               CORAM: JUSTICE V. NARASINGH

                                        ORDER

19.04.2023 Order No.

03. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with T.R Case No.90 of 2022 pending on the file of the learned 2nd Addl. Sessions Judge, Bhubaneswar, arising out of Tamando P.S. Case No.59 of 2022 for commission of the alleged offence under Section 20(b)(ii)C of the N.D.P.S Act.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2nd Addl. Sessions Judge, Bhubaneswar by order dated 02.11.2022 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is in custody since 9.3.2022 on the accusation of possessing contraband to the tune of 100 Kg. of ganja.

5. It is further submitted that the Petitioner is the driver of the vehicle from which the contraband was seized and it is the case of the learned counsel for the Petitioner that there has been violation of Section 42 and 50 of the N.D.P.S Act.

6. Per contra, learned counsel for the State opposes the prayer and submits that in the factual matrix of the case at hand the violations of Section 42 and 50 of the N.D.P.S Act have no bearing on the point at issue.

7. Taking into account the nature of accusation and the seizure as made, this Court is of the considered opinion that the violations of Section 42 and 50 of the N.D.P.S Act can be considered during trial and this is not the stage at which this Court can be called upon to give an opinion in the factual background of the case at hand. In this context, reliance can be placed on the judgment of the Apex Court in the case of Vijaysinh Chandubha Jadeja vrs. State of Gujarat, reported in (2011) 1 SCC 609.

8. The BLAPL stands rejected.

(V. NARASINGH) Judge PKS