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2025 DAILYLAW 45238 (ORI)

KUSHA KANHAR v. STATE OF ODISHA

ABLAPL/8271/2025 · 2025-07-28

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8271 of 2025 1. Kusha Kanhar 2. Manoj Deep …. Petitioners Mr. Sk. Zafarulla, Advocate -versus- State of Odisha …. Opposite Party Mr. S.N. Das, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 28.07.2025 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with Special NDPS Case No.134 of 2025 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Kantamal arising out of Manamunda P.S. Case No.189 of 2025 for commission of offences punishable under Section 20(b)(ii)(C) of NDPS Act. 3. It is submitted by the learned counsel for the Petitioner that taking into account the nature of allegation, conscious and exclusive possession cannot be attributed to the Petitioners. Hence, they may be protected by pre-arrest bail. 4. Learned counsel for the State opposes the prayer for bail referring to the statement of the independent witnesses on record. 5. Taking into account the nature of allegations referred to by the learned counsel for the State, keeping in view the bar contained in Section 37(1)(b)(ii) of NDPS Act and since the investigation is at a nascent stage, this Court is not inclined to grant the exceptional remedy of pre-arrest bail to the Petitioners. 6. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Ayesha