The High Court granted bail to a second-time petitioner detained under the NDPS Act. Despite long custody and lack of trial progress, the court imposed strict conditions regarding appearance and future conduct, overriding procedural bars.
Petitioner released on bail with conditions to appear at every hearing and not commit further offences.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL NO.1195 OF 2020
The matter is taken up by video conference mode.
This is the second journey of the Petitioner who is in custody connection with Machhkund P.S. Case No.74 of 2018 corresponding to T.R. Case No.31 of 2018 on the file of learned Addl. Sessions Judge-Special Judge, Koraput running for alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act, in filing this application under section 439 of the Cr.P.C. for his release on bail.
Learned counsel for the Petitioner submits that this Petitioner being the passenger in a Auto Rickshaw wherefrom four bags containing ganja said to have been seized has been in custody since 01.09.2018. He further submits that two out of the four bags when had been seized underneath seat of the Driver, two other bags are said to have been lying on the backside of the seat where this Petitioner was sitting. He further submits that despite long detention of the Petitioner in custody, as yet the trial has not commenced and therefore its conclusion is not expected to be so soon. He thus submits that in the factual setting in view of total lance of any interest from the side of the prosecution in taking steps for early conclusion of trial, the bar contained in section-37 of the Act does no more come to play. He further submits that this Petitioner being a permanent resident of the district of Koraput, there remains no scope on his part to flee from justice and the question of tampering the evidence does not arise as here most of the witnesses are official; he urges for grant of bail to the Petitioner.
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Learned counsel for the State opposes the move in view of the quantity of the contraband ganja said to have been seized.
Taking into account the submissions made; further keeping in view the surrounding circumstances especially, the period of detention of the Petitioner in custody and on going through the order passed by the learned Addl. Sessions Judge-cum-Special Judge; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the court is seisin of the case with further conditions that:-
Violation of any of the condition(s) shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.
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D. Dash, J.
Narayan
3 issues framed by the court
Whether bail should be granted to the petitioner detained since September 1, 2018 under section 20(b)(ii)(C) of the NDPS Act.
Whether the total lack of prosecution interest in concluding the trial waives the restriction under section 37 of the NDPS Act regarding bail.
What conditions should be imposed on the bail granted to the petitioner.
3 provisions across 2 enactments
BLA Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
