Orissa High Court Warns Of Contempt Action After Uttar Pradesh Police Fails To Cooperate In NDPS Case

The Orissa High Court has cautioned the Uttar Pradesh police of contempt action as it repeatedly failed to cooperate with Odisha officials in a bail matter pertaining to offence under the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Single Bench of Justice Sangam Kumar Sahoo was hearing an application under Section 439 of the CrPC for grant of bail to the accused-petitioner in connection with a case under section 20(b)(ii)(C) of the NDPS Act. When the matter was taken up for hearing, the counsel for the State sought time to verify whether the address furnished by the petitioner is authentic or not, as the petitioner is said to be a native of Hathras in the State of Uttar Pradesh.

Thus, the Superintendent of Police, Ganjam was directed to make necessary communication to the Superintendent of Police, Hathras in the State of Uttar Pradesh and report to the Court by the next date. Subsequently, the counsel for the State submitted that even though correspondence was made by the SP, Ganjam with the SP, Hathras but no response was received from the other side.

Since it was an excise matter, the Superintendent of Excise, Berhampur was directed to file affidavit. Accordingly, the order was modified permitting the Superintendent of Excise, Berhampur to file affidavit instead of the SP, Berhampur. Through the same affidavit, it was conveyed that in spite of repeated communications made to the SP, Hathras to verify the address of the petitioner, no response was received.

“Thus, it is apparent that in spite of sufficient opportunity given to the learned counsel for the State to verify as to whether the address furnished by the petitioner in the cause title is correct or not, the same has not been complied with”, the Court remarked.

The Court ordered the Chief Secretary, Government of Odisha to find solution in the matter at the government level, otherwise the Court would be constrained to take strict action under the Contempt of Courts Act, it warned.

“It is indeed a very sorry state of affair. The Constitution of India embodies a federal structure of government which essentially requires a strong sense of cooperation among not only the Governments of the Centre and the States but also the provincial Governments inter se. Thus, these kinds of issues require to be sorted out at the Government level so that appropriate instructions can be issued to the responsible authorities well within the time,” the Court observed.

Accordingly, the Court posted next hearing of the matter for the week commencing from July 24, 2023, granting the last opportunity to the officials.

Case Title: Krishna Kumar v. State of Odisha

Case No.: BLAPL No. 5917 of 2022

Order Dated: July 10, 2023

Counsel for the Petitioner: Mr. S.R. Mohapatra, Advocate

Counsel for the State: Mr. P.B. Tripathy, Addl. Standing Counsel

Click Here To Read/Download Order