Allowed

Bishnu Prasad Bhoi v. State of Odisha

Orissa HC22 Sept 2021BLAPL/335/2021

Case brief

AI extract

What is this about?

The High Court of Orissa, while acknowledging the statutory bar under Section 37 of the NDPS Act, granted bail to the petitioner. This decision was based on the prolonged detention, the fact that the trial had not reached mid-way, and non-cooperation of official witnesses causing a halt in proceedings.

What did the court decide?

Petitioner to be released on bail with conditions to appear in court on each posting date and face cancellation on violation.

Bishnu Prasad Bhoi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.335 of 2021

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Bishnu Prasad Bhoi

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…. Petitioner Mr.B.K. Nayak, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. K.K. Nayak, ASC

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CORAM: MR. JUSTICE D.DASH

ORDER 22.09.2021

Order No.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is the 3^rd journey of the Petitioner, who is in custody in connection with Phulbani Town P.S. Case No.112 of 2018 corresponding to C.T. No.29 of 2018 pending on the file of learned Sessions Judge-cum-Special Judge, Phulbani running for the alleged commission of offence under section 20(b)(ii)(c) of the NDPS Act, in filing this application under section 439, Cr.P.C., for his release on bail.

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Learned counsel for the petitioner submits that the Petitioner being implicated in the case for possession of 144 kgs and 810 grams of ganja which have been recovered from the Qualish vehicle wherein the Petitioner is said to be a passenger at the relevant time, he has been in custody since 7.7.2018. He further submits that in spite of such long

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detention of the Petitioner in custody, by now out of 25 witnesses, only 11 witnesses have been examined, which shows that the trial has not even reached the mid way. It is submitted that even the police personnels are not appearing to depose despite repeated service of summons which shows that taking advantage of the statutory bar standing on the way of the Court to grant bail to the Petitioner, those witnesses are acting as per their desire. He further submits that there remains no scope for the Petitioner to flee from justice and tamper the evidence. In view of all these above, he urges for granted of bail to the Petitioner on such terms and conditions as deemed just and proper as according to him, in the fact and circumstances, the bar contained under section 37 of the NDPS Act, at this stage should not stand on the way.

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4 Learned counsel for the State opposes the move in view of the quantity of contraband ganja involved in the case. 5. Keeping in view the submissions made. I have gone through the materials placed on record, the reply sent by the Presiding Officer of the learned court in seisin of the case in compliance to the order passed by this Court which stands to supports the submission of the learned counsel for the Petitioner as to the tardy progress of the trial and practically its halt due to non-cooperation of the official witnesses.

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In view of the aforesaid, being inclined to reconsider the prayer for grant of bail to the Petitioner, it is directed that he Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in

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seisin of the case with further conditions that he will appear in person before the court in seisin of the case on each and every date of posting of the case till conclusion of the trial.

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Violation of any of the condition(s) shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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Basu

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(D.Dash)
Judge

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Bishnu Prasad Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bishnu Prasad Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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