High Court disposed of a bail application in an NDPS case where the Sessions Court had rejected bail. The Court found a bar to bail but directed the trial court to expedite the trial to six months due to the petitioner's long detention.
Directed the trial court to expedite the trial to conclude within six months; liberty to renew bail prayer thereafter.
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BLAPL No.4175 of 2020
Ujjal Kumar Pradhan … Petitioner
-VersusState of Odisha ...
... Opp. party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.222 of 2020 arising out of Khandagiri P.S. Case No.285 of 2020 pending in the Court of learned Sessions Judge, Khurda at Bhubaneswar for alleged commission of offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Khurda at Bhubaneswar which was rejected on 08.06.2020.
Since it is a case of seizure of 40 Kgs. of ganja from the exclusive possession of the petitioner and in view of the bar under section 37 of the N.D.P.S. Act, while not inclining to release the petitioner on bail but taking into account of the period of detention of the petitioner in judicial custody, I direct the learned trial Court to expedite the trial and if possible, to conclude the same within a period of six months from the date of receipt of this order. The petitioner is at liberty to renew the prayer for bail after examination of the
material witnesses or if the trial is not concluded within the aforesaid period.
Accordingly, the BLAPL stands disposed of.
A copy of the order be sent to the learned trial Court for compliance.
Urgent certified copy of this order be granted on proper application.
…………………..……
S.K. Sahoo, J.
RKM
1 issue framed by the court
Whether the period of judicial custody warrants expediting the trial of an NDPS case where bail was initially refused but detention continues beyond a period making release untenable.
3 provisions across 2 enactments
Ujjal Kumar Pradhan
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
