In bail proceedings under Section 439 Cr.P.C., the High Court of Orissa granted bail to a petitioner accused of an offence under the NDPS Act. The court considered the period of custody, seizure manner, and lack of trial progress.
Petitioner released 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. 9022 OF 2020
Abakhita Digal ……… Petitioner Mr. S.R.Mulia, Adv.
-versus-
State of Odisha
...……… Opposite Party Mr. K.K.Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
18.04.2022
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 C.T. Case No.90 of 2020 arising out of Phiringia P.S. Case No. 107 of 2020 on the file of learned Sessions Judge, Phulbani, registered for the alleged commission of offence under Sections 20(b)(ii)(C) of the NDPS Act.
2
petitioner and hence, relying on the judgment of the Apex Court in the case of Hussainara Khatoon & Ors. Vs. State of Bihar , reported in 1979 AIR1369, prays petitioner to be released on bail. It is also submitted by the learned counsel for the petitioner that he has no criminal proclivity.
( V.Narasingh ) Judge
Dhal
2 issues framed by the court
Whether the petitioner should be released on bail considering the period of custody and lack of trial progress despite seizure exceeding NDPS limits.
Whether exclusive conscious possession can be attributed to the petitioner based on the manner of seizure.
Colour shows how this judgement treated each authority
Hussainara Khatoon & Ors. Vs. State of BiharRelied on¶12
Hussainara Khatoon & Ors. Vs. State of Bihar, 1979 AIR1369
( V.Narasingh ) Judge_ DhalReferred¶17
3 provisions across 2 enactments
Abakhita Digal
State of Odisha
V. Narasingh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
