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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Ramakanta Prasad – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. third bail application under ndps act. (Para 1) |
| 2. previous orders emphasize trial expeditiousness. (Para 2 , 3) |
| 3. delay in trial affects bail eligibility. (Para 4 , 5) |
| 4. bar under section 37 of ndps act discussed. (Para 6) |
| 5. bail denials should consider trial delays. (Para 7 , 8) |
| 6. bail granted with specific conditions. (Para 9 , 10) |
| 7. final observations and directive for bail. (Para 11 , 12 , 13) |
JUDGMENT :
This is the third successive bail application under section 439 of Cr.P.C. filed by the petitioner for grant of bail in connection with Ulunda P.S. Case No.27 of 2017 corresponding to Special G.R. Case No.14 of 2017 pending in the Court of learned Sessions Judge -cum- Special Judge, Sonepur for commission of offence punishable under Section 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short “ the NDPS Act).
3. Perusal of the impugned order dated 30.08.2022 reveals that just after expiry of one month, the petitioner had moved the learned trial court for bail and the prayer has been rejected the bail holding that the earlier bail applications had been rejected five times earlier and there was no change in circumstances to take a
The right to a speedy trial can necessitate granting bail even under stringent conditions, particularly when incarceration exceeds reasonable limits.
Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of NDPS Act, given imperative of Section 436A of Cr.P.C., which is applicable to offences under NDPS Act t....
The main legal point established in the judgment is that the delay in trial and non-compliance of certain provisions of the NDPS Act can violate the constitutional rights of the accused under Article....
The court ruled that under the NDPS Act, bail requires reasonable grounds for believing the accused are not guilty and unlikely to offend again, regardless of detention length.
The right to a speedy trial is fundamental, and prolonged detention without trial violates Article 21 of the Constitution.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
The right to a speedy trial is fundamental, and prolonged detention without trial infringes upon this right, warranting bail.
The right to speedy trial under Article 21 can override stringent bail conditions in the NDPS Act, especially when an accused has faced prolonged incarceration without trial.
The right to a speedy trial is fundamental, and prolonged detention without trial violates the accused's rights, warranting bail.
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