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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 :
Savitri Ratho, J.
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).
2. While dismissing BLAPL No. 11108 of 2019 filed by the petitioner by order dated 25.10.2021, the learned trial court had been directed to expedite the trial. In the second bail application - BLAPL No. 1953 of 2022, I was not inclined to allow the prayer for bail but while disposing of the bail application
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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