This bail application regarding the transportation of ganja was allowed. The Court issued bail orders with specific conditions to ensure the petitioner's appearance in court and at the police station.
Petitioner released on bail with conditions to appear in court, report to police station weekly, and abstain from similar offences on violation of.
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.933 of 2021
Nilambara Ghibala …. Petitioner Swayamprava Dash, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. Deepak Ranjan Parida, ASC
CORAM: MR. JUSTICE D.DASH ORDER 03.09.2021 Order No. 03. 1. This matter is taken up hybrid arrangement (virtual/physical) mode. 2. This is the successive journey of this petitioner, who is in custody in connection with Sonepur P.S. Case No.79 of 2018 corresponding to Special G.R.Case No.14 of 2018 pending in the Court of the learned Sessions Judge-cum-Special Judge, Sonepur for offence punishable under sections 20(b)(ii)(C) of the N.D.P.S. Act in filing this application under section 439, Cr.P.C. for his release on bail. 3. Learned counsel for the Petitioner submits that on the allegation that this Petitioner was involved in transporting of 151 kgs and odd of ganja in a Mahindra pick-up vehicle, he has been in custody since 17.05.2018 and as yet no witness from the side of the prosecution has been examined although the charge had been framed long back on 16.01.2019. She further submits that as per the prosecution case this
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Petitioner was the driver of the vehicle when other accused, namely, Pradeep Manhira was the occupant and it is nowhere shown that this Petitioner was the owner of the vehicle or that vehicle was permanently under the care and custody of this Petitioner. According to him, with all the above, in presence of the co-accused when the trial is not making any progress; further detention of the Petitioner in custody would not serve any useful purpose as at this stage, the bar under section 37 of the N.D.P.S. Act may not come to stand on the way of grant of bail to the Petitioner, who is said to be having no criminal antecedent when no scope also remains on his part to flee from justice and tamper the evidence.
(i) he 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; (ii) will appear before the Inspector-in-Charge of Sonepur P.S. on
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H
every Monday in between 10.00 a.m. to 2.00 p.m. for a period of one year; and
(D. Dash)
Judge
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1 issue framed by the court
Whether the petitioner should be released on bail in a narcotics case involving commercial quantity of ganja after significant delay in trial.
2 provisions across 2 enactments
Nilambara Ghibala
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
