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2025 DAILYLAW 59415 (ORI)

TIMURU HANTAL @ DURLAV HANTAL @ DULLAB HANTAL v. STATE OF ODISHA

BLAPL/10934/2024 · 2025-04-23

Gourishankar Satapathy

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Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Timuru Hantal @ Durlav Hantal @ Dullab Hantal (In BLAPL No.10934 of 2024) Harendra Yadav (In BLAPL No.13149 of 2024) … Petitioners Mr. S.K. Baral, Advocate (In BLAPL No.10934 of 2024) Mr. A.R. Panda, Advocate (In BLAPL No.13149 of 2024) -versus- State of Odisha … Opposite Party Mr. S.K. Rout, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 23.04.2025 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. This is an application U/S.483 BNSS by the petitioners for grant of bail in connection with Padwa PS Case No.79 of 2023 arising out of TR Case No.75 of 2023, pending in the Court of learned Addl. Sessions Judge- Cum-Special Judge, Koraput, for commission of offences punishable U/Ss.20(b)(ii)(Cof NDPS Act, on the allegation of possessing 516 Kgs. of Contraband Ganja along with co-accused persons. 4. Heard, Mr. Susanta Kumar Baral, learned counsel for the Petitioner in BLAPL No.10934 of 2024; Mr. Amulya p. 2 Ratna Panda, learned counsel for the Petitioner in BLAPL No.13149 of 2024; and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record including the copy of the depositions of PW.1 and 2 as produced. 5. After having considered the rival submissions and taking into account the nature and gravity of offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the seizure and recovery of such a huge quantity of Contraband Ganja, which is well above the commercial quantity allegedly from the possession of the Petitioner-Timuru Hantal and Harendra Yadav and their consequent failure to satisfy the conditions of Section 37 of the NDPS Act and on going through the evidence of PW.2, this Court is not inclined to grant bail to the petitioners. Hence, the bail application of the Petitioners stands rejected. The learned trial Court, is however, requested to expedite the trial, if there is no other legal impediment. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. A copy of this order be immediately transmitted to the concerned Court for compliance. (G. Satapathy) Judge Jayakrushna