Back
B. P. ROUTRAY
Pritam Nayak – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
B. P. Routray, J. - The matter is taken up through hybrid mode.
2. Heard Mr. A.P. Bose, learned counsel for the Petitioner and Mr. K.K. Das, learned Additional Standing Counsel.
3. This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Pritam Nayak in connection with Mohana P.S. Case No.76 of 2019 corresponding to G.R. Case No.36 of 2019 pending in the court of learned Special Judge-cum-Additional Sessions Judge, Gajapati, Paralakhemundi for alleged commission of offences under Section 20(b)(ii)(C)/25/29 of N.D.P.S. Act for alleged possession of contraband ganja weighing about 77 kg. 400 grams.
4. It is submitted on behalf of the Petitioner that he is inside custody since 2nd May, 2019 and till date trial has not commenced.
5. Upon hearing Mr. Das, learned Additional Government Advocate for State and keeping in view the total quantity of contraband ganja and the embargo contained under Section 37(1)(b) of NDPS Act, I am not inclined to release the Petitioner on bail. Accordingly, his prayer for bail is rejected.
6. It needs to be mentioned here that, taking into account the submission of Mr. Bose regarding delay in commencement of trial, a report wa
The court balanced the considerations of the large quantity of contraband ganja and the delay in commencing the trial in reaching its decision on the bail application.
The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
The court held that while the NDPS Act imposes strict bail conditions, the accused's right to a speedy trial under Article 21 may supersede these restrictions, allowing for bail under certain circums....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
