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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Pradhani Jani – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. custody for alleged ndps offences (Para 1) |
| 2. history of bail applications (Para 2) |
| 3. remand back due to inconsistent bail orders (Para 3 , 4) |
| 4. supreme court observations on bail conditions (Para 5 , 6) |
| 5. no prior criminal record and trial delays (Para 7 , 8) |
| 6. consideration of trial delay in bail decision (Para 9) |
| 7. order to release on bail (Para 10) |
| 8. disposition of the bail application (Para 11) |
JUDGMENT
B.P. Routray, J.
1. Present Petitioner is in custody for alleged commission of offences under Sections 20 (b)(ii)C, 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act in connection with K. Nuagaon P.S. Case No.53 dated 15th September, 2020 corresponding to C.T. Case No. 48/2020 pending before the learned Special Judge – cum – Addl. Sessions Judge, Baliguda for possession and transportation of contraband Ganja weighing 113Kg. 540grams in an Ashok Leyland Pick-up vehicle escorted by one Bajaj Pulsar Motorcycle and one Tata Indica Car. The Charge-sheet dated 10th March 2021 has been submitted in the meantime indicting offences under (b)(ii)C, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act. Seven accused persons including present
Bail under the N.D.P.S. Act requires the court to find reasonable grounds for believing the accused is not guilty and is not likely to commit further offenses while on bail.
The right to a speedy trial can necessitate granting bail even under stringent conditions, particularly when incarceration exceeds reasonable limits.
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, especially for serious crimes.
The court underscored the stringent bail conditions under the NDPS Act, demanding substantial evidence to justify release for defendants in drug-related cases.
The court emphasized that bail in narcotics cases involving commercial quantities requires satisfaction of twin conditions under Section 37 of the NDPS Act, focusing on the accused's guilt and likeli....
while considering the bail petition despite the language employed in the section, court must develop a delicate balance between judgment of acquittal, conviction and bail and the provision should be ....
Prolonged incarceration exceeding four years justifies bail under the NDPS Act, overriding statutory restrictions due to infringement of personal liberty under Article 21.
The right to bail in NDPS Act cases hinges on fulfilling stringent conditions under Section 37, prioritizing public safety and preventing absconding, especially when accusations involve significant q....
The main legal point established in the judgment is that the right to speedy trial under Article 21 of the Constitution can override the statutory embargo created under Section 37(1)(b)(ii) of the ND....
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