Jamir Miya And Another vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 10781 Ori

Orissa High Court

Jamir Miya And Another vs State Of Odisha .... Opposite Party on 8 December, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                CRLREV No.954 of 2025
                                                              Sil




                                Jamir Miya and another                  ....           Petitioners
                                                                        Mr. B. Pujari, Advocate
                                                            -Versus-
                                State of Odisha                         ....      Opposite Party
                                                                             Mr. P.K. Ray AGA
                                         CORAM:
                                         MR. JUSTICE R.K. PATTANAIK
                                                           ORDER

         Order No.                                        08.12.2025
           02.                  1.     Heard in part.

2. Referring to the judgment of this Court in CRLREV No.312 of 2022 dated 2nd September, 2025, Mr. Pujari, learned counsel for the petitioner submits that the petitioner is entitled to default bail Section 167(2) Cr.P.C. read with Section 36-A (4) of the NDPS Act. On the other hand, Mr. Ray, learned AGA for the State would submit that in case of default of any such chemical examination report filed along with chargesheet by itself cannot be a ground to demand default bail as has been held by the Apex Court in CBI Vrs. Kapil Wadhawan and another (2024) 3 SCC 734. But, in the Court's judgment in the CRLREV that such a question is pending decision before the Apex Court in SLP (C) No.5724 of 2023, State is requested to verify and apprise the Court regarding the decision in the SLP.

Reason: Authentication                                                 (R.K. Pattanaik)

Date: 09-Dec-2025 18:07:26                                                 Judge
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