High Court allowed bail to petitioner Madan Paika in NDPS Case No. 04 of 2021, holding that exclusive conscious possession could not be attributed due to seizure manner and quantity, disregarding bar under Section 37.
Petitioner released on bail subject to terms to be fixed by the court in seisin, including monthly reporting to police station.
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. 837 OF 2021
Madan Paika ……… Petitioner Mr. Manoranjan Padhy, Adv.
-versus-
State of Orissa
...……… Opposite Party Miss S. Mishra, ASC
CORAM:
JUSTICE V. NARASINGH
ORDER
21.03.2022
Order No.
2
( V.Narasingh ) Judge
Balaram
2 issues framed by the court
Whether exclusive conscious possession can be attributed to the accused given the manner of seizure and quantity of contraband.
Whether the substantive bar under Section 37 of the NDPS Act precludes the court from examining the petitioner's claim regarding possession.
2 provisions across 1 enactments
Madan Paika
State of Orissa
V. Narasinh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
