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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Raja Nayakar – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
G. Satapathy, J.
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with PR No. 111 of 2025-26 of OIC, Excise Station, M.Rampur corresponding to 2(a) CC Case No. 25 of 2025(NDPS) pending in the file of learned Special Judge, Kalahandi, for commission of offences punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 146Kgs 960Grams of Contraband Ganja and trying to transport it in a Maruti Suzuki car bearing Regd. No. OD-02-BN-9881.
2. In the course of hearing, Mr. Satya Narayan Mishra-4, learned counsel for the petitioner submits that there is clear cut infraction of compliance of provision of Sec.47 of BNSS / Article 22(1) of the Constitution of India and thereby, the petitioner is entitled to bail on that score. Mr.Mishra further submits that since the investigating agency has involved one independent seizure witness for seizure of the Contraband article, the seizure of article in this case is vitiated and thereby, the petitioner is also entitled to grant of bail.
2.1. On the other hand, Mr.P.Satapathy, learned Addl. PP submits that after the decision of Apex Court in Mihir Rajesh Shah Vrs. State o
Non-compliance with non-communication of arrest grounds is inapplicable retrospectively; independent witness requirement is not absolute in NDPS cases.
The legal principle established is that adherence to procedural safeguards during arrest is essential, but failure to satisfy conditions mandated by Section 37 of the NDPS Act prevents bail in cases ....
The court denied bail based on the substantial quantity of contraband exceeding commercial threshold and the petitioner's failure to meet Sec. 37 conditions under the NDPS Act.
Accused's entitlement to written communication of arrest grounds was satisfied, negating bail claims under Constitutional and statutory provisions.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
The court established that procedural non-compliance in drug seizure cases can justify bail, prioritizing individual liberty over statutory restrictions.
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