Hari Pangi vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 7905 Ori

Orissa High Court

Hari Pangi vs State Of Odisha .... Opposite Party on 4 September, 2025

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                            ABLAPL No.6479 of 2024

             Hari Pangi                  ....            Petitioner
                                          Mr. P.K. Das, Advocate

                                    -versus-

             State of Odisha             ....      Opposite Party

                                             Mr. S. Panigrahi, ASC

                          CORAM: JUSTICE V. NARASINGH

                                   ORDER

04.09.2025 Order No.

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

2. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No.64 of 2020 pending on the file of learned Additional Sessions Judge-cum- Special Judge, Malkangiri, arising out of Chitrokonda P.S. Case No.67 of 2020 for commission of offences punishable under Sections 20(b)(ii)(c)/27 of NDPS Act.

3. Learned counsel for the State opposes the prayer.

4. Taking into account the nature of allegations and keeping in view the bar contained in Section 37(1)(b)(ii) of the NDPS Act and that the contraband

(ganja) is to the tune of 1170 kgs, this Court is not inclined to entertain this application for pre-arrest bail keeping in view the judgment of the Apex Court in the case of State of Madhya Pradesh vs. Kajad, (2001) 7 SCC 673 wherein, the Apex Court has categorically laid down that in an accusation under the special Act the general principal of bail being rule and jail is exception ought not to be followed.

5. Accordingly, the ABLAPL stands rejected.

(V. NARASINGH) Judge Santoshi

Location: High Court of Orissa, Cuttack