This judgment rejected a bail application alleging transport of 50 Kgs. of Ganja. The court held that a driver in conscious possession of a commercial quantity of narcotics fails to satisfy Section 37 of the N.D.P.S. Act, and custody duration is not a sufficient ground for bail under that statutory bar.
Bail application stands rejected; BLAPL disposed of.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5850 of 2022
Abhimanyu
…. Petitioner M/s. P.S.Nayak , Advocate
-versus-
State of Orissa
…. Opp. Party M/s.P.K.Patnaik, A.G.A.
CORAM:
Order No.
JUSTICE G. SATAPATHY ORDER 10.11.2022
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without any trial, his right to speedy trial has been seriously infringed in view of the law laid down by Apex Court in Hussainara Khatoon Vrs. Home Secretary , State of Bihar; (1980) 1 SCC 98. It is further submitted that since the petitioner was not in found conscious possession of contraband Ganja and no criminal antecedent having reported against him, Section 37 of the N.D.P.S. Act would not operate as a bar for grant of bail to the petitioner. On the above submissions, learned counsel for the petitioner prays to release the petitioner on bail.
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that there are reasonable grounds for believing that the accused is not guilty of such offence and he is unlikely to commit any offence while on bail. It is indisputably advanced on behalf of the petitioner that the petitioner is in custody since more than one year and in view of the law laid down in Hussainara Khatoon(supra). the right of the petitioner to speedy trial has been seriously curtailed but in the case of Narcotics Control Bureau Vrs. Mohit Agarwal; 2022 SCC Online SC 891 , the Apex Court after noticing the provision of Section 37 of N.D.P.S. Act rejected the bail application of the petitioner by observing that the length of the period of custody by itself not the consideration that can be treated as persuasive ground for granting bail to the accused U/S. 37 of N.D.P.S. Act and the accused therein had already suffered incarceration for one year and two months in jail by the time he was granted bail by the High Court but the appeal against such order was allowed by the Apex Court with quashing of order granting bail to the accused-respondent therein.
Hence, the bail application of the petitioner stands rejected.
Kishore
( G. Satapathy) Judge
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2 issues framed by the court
Whether bail under Section 439 Cr.P.C. can be granted despite the bar of Section 37 of the N.D.P.S. Act.
Whether the length of custody alone constitutes a persuasive ground for granting bail under Section 37 of the N.D.P.S. Act.
Colour shows how this judgement treated each authority
Hussainara Khatoon Vrs. Home Secretary, State of Bihar; (1980) 1 SCC 98.Referred¶14
Hussainara Khatoon Vrs. Home Secretary, State of Bihar; (1980) 1 SCC 98. · Who else cites this
Narcotics Control Bureau Vrs. Mohit Agarwal; 2022 SCC Online SC 891Distinguished¶20
Narcotics Control Bureau Vrs. Mohit Agarwal; 2022 SCC Online SC 891 · Who else cites this
2 provisions across 2 enactments
Abhimanyu
State of Orissa
G. SATAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
