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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Aryaman Pattnayak – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks bail under ndps act (Para 1 , 2) |
| 2. petitioner claims illegal detention under article 22(2) (Para 3) |
| 3. arguments presented for and against bail (Para 4) |
| 4. court's analysis of custody and legal provisions (Para 5 , 6 , 7) |
| 5. bail application rejected based on ndps act conditions (Para 8) |
JUDGMENT :
1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with NCB, Bhubaneswar Crime No. 04 of 2025 corresponding to Special T.R Case No.378 of 2025 pending in the file of learned District & Sessions Judge, Bhubaneswar for commission of offences punishable U/Ss. 8(c) read with Sec. 21(c)/23/25/29 of NDPS Act.
3. It needs to be stated here that the petitioner has also approached the learned Special Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar for releasing him from the judicial custody forthwith for illegal detention in custody being produced before the Special Court beyond 24hours in violation of the provision of Article 22(2) of the Constitution of India read with Sec. 58 of BNSS (Section 57 of CrPC), but the same having been rejected, the petitioner has preferred Criminal Revision No. 1010 of 2025 which was dis
A detained individual must be promptly produced before a magistrate within 24 hours post-arrest, and mere presence during a search does not demonstrate illegal custody as defined under relevant statu....
Statutory provisions under the NDPS Act and Article 22(2) impose no violation in the case presented; bail denied as conditions under Section 37 not satisfied due to possession of commercial quantity.
The court ruled that searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
In cases involving the NDPS Act, strict compliance with statutory safeguards, particularly those related to arrest and seizure procedures, is crucial to ensure the protection of individual rights and....
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
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