The High Court allowed bail to the petitioner, an accused in a drug case, observing that an independent witness did not support the prosecution and he had been in custody since January 2021.
Release of the petitioner on bail on terms to be fixed by the court in seisin.
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. 4727OF 2021
Raj Kumar Pal ……… Petitioner
Mr. Panchanan Panigrahi, Adv.
-versus-
State of Odisha
...……… Opposite Party Mr. K.K.Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
25.04.2022
Order No. 04. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel for the parties. 3. The Petitioner is an accused in connection with Excise P.R. No. 157/2020-21 corresponding to 2(a) C.C. Case No. 1 of 2021 on the file of learned Sessions Judge-cum-Special Judge, Berhampur registered for the alleged commission of offence under Sections 20(b)(ii)(C) of the NDPS Act.
2
Dhal
2 issues framed by the court
Whether bail should be granted to the petitioner being an accused in a drug offence considering the failure of an independent witness.
Whether Section 37 of the NDPS Act creates an absolute bar on the Court's discretion to grant bail.
3 provisions across 2 enactments
Raj Kumar Pal
State of Odisha
V. Narasimh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
