Manoj Kumar Bhuyan VS State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SAVITRI RATHO
Manoj Kumar Bhuyan – Appellant
Versus
State of Orissa – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners in BLAPL No.6438 of 2020:Mr. A.K. Mohapatra, Advocate
For the Petitioners in BLAPL No.6706 of 2020:Mr. L. Mishra, Advocate
For the Petitioners in BLAPL No.6520 of 2020:Mr. V. Mohapatra, Advocate
For the Petitioners in BLAPL No.6624 of 2020:Mr. Binaya Kumar Mohanty, Advocate
For the Opp. Party in BLAPL No.6438 of 2020, BLAPL No.6706 of 2020 and BLAPL No.6520 of 2020: Mr. G.N. Rout, Addl. Standing Counsel
For the Opp. Party in BLAPL No.6624 of 2020:Mr. G.N. Rout, Addl. Govt. Advocate

Judgement Key Points

What is the applicability of Section 37 NDPS Act pre-requisites for bail in cases involving commercial quantity? What is the court’s stance on whether Section 37 requirements must be satisfied prior to granting bail when chemical analysis or codeine content is not yet established? What are the conditions and scope for granting bail in NDPS cases where the accused have valid licences and documentary support, but chemical analysis is pending?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the applicability of Section 37 NDPS Act pre-requisites for bail in cases involving commercial quantity?

What is the court’s stance on whether Section 37 requirements must be satisfied prior to granting bail when chemical analysis or codeine content is not yet established?

What are the conditions and scope for granting bail in NDPS cases where the accused have valid licences and documentary support, but chemical analysis is pending?

ORDER

Savitri Ratho, J.—These matters were heard through video conferencing mode.

Justice Indira Bannerji in her dissenting opinion in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1 has observed as follows:

“.... 2. The illicit production, distribution, sale and consumption of drugs and psychotropic substances, is a crime of multi-dimensional magnitude, that imposes a staggering burden on the society. In an Article “Narcotic Aggression and Operation Counter Attack” published in the Mainstream dated March 7, 1992, V.R. Krishna Iyer, J. said:-

“Religion is opium of the people, but today opium is the religion of the people, and like God, is omnipresent, omnipotent and omniscient. Alas! Opium makes you slowly ill and eventually kills, makes you a new criminal to rob and buy the stuff, tempts you to smuggle at risk to become rich quick, makes you invisible trafficker of psychotropic substances and operator of a parallel international illicit currency and sub rosa evangelist mafia culture. Drug business makes you if not killed betimes, the possessor of pleasure, power and empire. What noxious menace is this most inescapable evil that benumbs the soul of s

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SAVITRI RATHOManoj Kumar Bhuyan – AppellantVersusState of Orissa – Respondent

What is the applicability of Section 37 NDPS Act pre-requisites for bail in cases involving commercial quantity?

What is the court’s stance on whether Section 37 requirements must be satisfied prior to granting bail when chemical analysis or codeine content is not yet established?

What are the conditions and scope for granting bail in NDPS cases where the accused have valid licences and documentary support, but chemical analysis is pending?

Cases Referred (3)

SAVITRI RATHO
Manoj Kumar Bhuyan – Appellant
Versus
State of Orissa – Respondent