The Court granted bail to the petitioner, an accused in an NDPS case, directing the trial court to fix terms, relying on a recent apex court ruling allowing assessment of materials where the accusation is based on a co-accused statement.
Petitioner released on bail on terms to be fixed by the trial court.
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. 4093 of 2022
Muni Digal
Petitioner
Mr. M. Das, Advocate
-versus-
…. State of Odisha Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER 28.07.2022 Order No. 02. 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. The petitioner is accused in connection with C.T. Case No.46 of 2021, on the files of learned Additional District and Sessions Judge, Balliguda, arising out of Sarangada P.S. Case No.81 of 2022 under Sections 20(b)(ii)(C), 25 and 29 of the NDPS Act and is in custody since 30.04.2022. 4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District and Sessions Judge, Balliguda, by order dated 05.05.2022 in the aforementioned case, the present BLAPL has been filed. 5. It is submitted by the learned counsel for the petitioner that the petitioner was not at the spoted that admittedly no seizure was
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effected from the petitioner and he has been implicated on the basis of statement of one of the co-accused Susant Ku. Dash. And, on the basis of such statement he has taken into custody on 30.04.2022.
(V. NARASINGH) Judge
Santoshi
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3 issues framed by the court
Whether the petitioner is entitled to bail despite the statutory bar under Section 37 of the NDPS Act where accusation is based solely on a co-accused statement.
Whether bail can be granted when the accused was not present during the seizure of contraband.
Whether the Court can make an assessment of materials on record despite Section 37 of the NDPS Act at the bail stage.
Colour shows how this judgement treated each authority
Tofan Singh vs. State of Tamil NaduReferred¶15
(2020) 80 OCR 641
3 provisions across 2 enactments
Muni Digal
State of Odisha
V. NARASINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
