IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Akash Kori @ Kasua – 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 STF, CID, CB, Bhubaneswar P.S. Case No. 08 of 2025 corresponding to Special G.R. Case No. 14 of 2025 pending in the file of learned Special Judge, Sonepur, for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 295 Kgs 55 Grams of Contraband Ganja in a Creta car bearing Regd. No. OD-17-L-0074.
2. In the course of hearing, Mr. Biraja Prasad Tripathy, learned Senior Counsel, who is being assisted by Mr. Shyam Sundar Tripathy, learned counsel for the petitioner raises following few points for consideration of bail petition of the petitioner:-
(i) the petitioner was not found in exclusive possession of Contraband article;
(ii) the petitioner was produced before the Court beyond 24 hours in gross violation of Sec.58 of BNSS /57 CrPC and lastly;
(iii) the grounds of arrest was not communicated to the petitioner in violation of Sec.47 of BNSS /50 CrPC.
3. On the other hand, Mr. T.K. Acharya, learned Addl. PP while refuting such submission contends that not only the petitioner was found in exclusive poss
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 ....
Non-compliance with non-communication of arrest grounds is inapplicable retrospectively; independent witness requirement is not absolute in NDPS 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.
Under Section 37 of the NDPS Act, bail involving commercial quantities can only be granted if the accused shows reasonable doubt of guilt, which the petitioner failed to demonstrate.
The requirement to communicate arrest grounds is essential for upholding due process as mandated by Article 22(1).
The court determined that the conditions under Section 37 of the NDPS Act must be satisfied for granting bail in cases related to commercial quantities of drugs, emphasizing the significance of previ....
Failure to communicate grounds for arrest warrants bail under Article 22(1).
The requirement to inform arrested individuals of the grounds for their arrest must be followed as per Article 22(1), impacting the validity of their arrest.
The court emphasized that bail cannot be granted under the NDPS Act for commercial quantity offences unless conditions for non-guilt and lack of re-offending are satisfied, which were not met by the ....
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