Bail application under Section 439 Cr.P.C. in an NDPS case involving 1691 Kgs 900grams of contraband Ganja dismissed. Court held that despite bail for co-accused, strict adherence to Section 37 NDPS Act and severity of offence precluded granting bail.
Prayer for bail rejected; petitioner kept in custody; trial to be expedited within six months.
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.5182 of 2021
Satya Narayan Yadav
…. Petitioner M/s.R.Padhi , Advocate
-versus-
State of Orissa
…. Opp. Party M/s.S.R.Roul, A.S.C.
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER 13.10.2022
// 2 //
also been granted bail by this Court. On the above grounds, learned counsel for the petitioner prays to grant bail to the petitioner.
// 3 //
for the petitioner and the learned Court in seisin of the case should do well to dispose of the case as expeditiously as possible preferably within a period of six months from the date of receipt of the copy of this order. Needless to say that the petitioner is at liberty to renew his prayer for bail if the trial is not concluded as aforesaid, but in that event the bail application of the petitioner shall be considered in accordance with law.
( G. Satapathy)
Judge
Kishore
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. given the mandatory requirements of Section 37 of the NDPS Act and the gravity of the offence.
Whether the principle of parity established by bail grants to co-accused can be extended to the present petitioner.
Colour shows how this judgement treated each authority
State of Kerala Vrs. Rajesh and anotherExplained¶19
State of Kerala Vrs. Rajesh and another; (2020)78 OCR (SC) 65
Narcotics Control Bureau Vrs. Mohit AgarwalApplied¶20
Narcotics Control Bureau Vrs. Mohit Agarwal; 2022 SCC Online SC 891 · Who else cites this
3 provisions across 2 enactments
Satya Narayan Yadav
State of Orissa
G. SATAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
