The High Court released the petitioner on bail under Section 439 Cr.P.C. in an NDPS case, imposing standard conditions regarding reporting, appearance, and non-tampering of evidence despite the investigation being open.
Petitioner directed to be released on bail subject to reporting, appearance, and non-tampering conditions.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3901 of 2021
Amal Dey
-versus-
State of Odisha
…. Opposite Party Miss Samapika Mishra, ASC
CORAM:
MR. JUSTICE D.DASH ORDER 23.09.2021
Order No.
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of ganja in collecting the same for their onward transportation. It is submitted that material standing against the Petitioner is the statement of those two accused persons from whose possession it is said that the ganja has been recovered. With such allegation in the absence of any material to support the nexus between the Petitioner and the seized ganja as also any such related activity of the Petitioner as alleged; he urges for grant of bail to the Petitioner when there remains no scope on his part to flee from justice or tamper the evidence and as the question of tampering the evidence does not arise.
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and on going through the order passed by the learned Sessions Judge-cum-Special Judge; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will report before the IIC, Mathili Police Station on every Monday in between 10 am to 02 pm till conclusion of the trial; will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial; will not indulge himself in commission of similar offence; will cooperate with the investigation as and when required for the purpose of investigation and will not tamper the evidence.
Violation of any of the above condition(s) shall entail cancellation of bail.
(D.Dash) Judge
Aks
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3 issues framed by the court
Whether bail should be granted to the petitioner accused of financing narcotics contraband under the NDPS Act.
Whether the alleged nexus between the petitioner and the seized ganja warrants continued custody.
What relief is appropriate regarding bail conditions given the stage of investigation.
2 provisions across 2 enactments
Amal Dey
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
