Partly allowed

Tarjan Lima v. State of Odisha

Orissa HC22 Mar 2022BLAPL/6862/2021

Case brief

AI extract

What is this about?

The petitioner, detained for over two and a half years in a narcotics trial, sought bail. While the court noted a statutory provision regarding his co-accused had not been addressed, it granted interim bail for 120 days due to the prolonged delay and commencement issues.

What did the court decide?

Petitioner released on interim bail for 120 days to address issues related to prolonged detention and unaddressed statutory provisions.

Tarjan Lima Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.6862 of 2021& I.A No.270 of 2022

Tarjan Lima

…. Petitioner

-versus-

State of Odisha

¶7

…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

Order No.

ORDER
22.03.2022

This matter is taken up through Hybrid mode.

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Heard.

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The Petitioner being in custody in C.T Case No.18 of 2018, arising out of Gudari P.S. Case No.28 of 2018 pending in the court of Addl. Sessions Judge-cum-Special Judge, Gunupur has filed this petition for his release on bail. The offence alleged against the Petitioner is punishable under Section 20(b)(ii)(C) of the N.D.P.S Act.

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It is submitted by the learned counsel for the Petitioner that the Petitioner is inside the custody for more than two and half years and the trial has not yet commenced and as such he has prayed for release of the Petitioner on the ground that the coaccused has already been released on bail.

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Page 1 of 2

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// 2 //

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Considering the aforesaid facts and the submissions made, this Court is not inclined to release the Petitioner on bail on the aforesaid ground inasmuch as in the said order of the coaccused, Section 37(1)(b) of the N.D.P.S Act stated to have not been addressed before release as stated by the learned counsel for the State, which is not disputed by the learned counsel for the Petitioner. However, considering the fact that the Petitioner is inside the custody for more than two and half years and the co-accused has already been released on bail and the trial has not yet commenced, it is directed that the Petitioner be released on interim bail for a period of 120 days from the date of his release in connection with the aforesaid case on such terms and conditions as the court in seisin over the matter may deem it just and proper to ensure his return to custody on the 121^st day of his release. The surrender certificate must be produced by the learned counsel for the Petitioner on 125^th day of his release.

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With the aforesaid order, this BLAPL as well as I.A stands disposed of.

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Urgent certified copy of this order be granted in course of the day.

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(S. Pujahari) Judge

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PKS

Tarjan Lima v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tarjan Lima v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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