The High Court of Orissa allowed bail to the petitioner, who was in custody under the NDPS Act for less than commercial quantity of drugs, citing delay in trial due to non-availability of prosecution witnesses.
Petitioner granted bail subject to terms including appearance before trial court on each date of posting without fail.
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.9876 of 2021
Trinatha Mohapatra
…. Petitioner
Mr. Punil Kumar Swain, Advocate
-versus-
….
State of Odisha Opposite Party
Mr.P.Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
21.01.2022.
Order No.
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(Sashikanta Mishra) AKB Judge
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2 issues framed by the court
Whether delay in commencement of trial despite less than commercial quantity of contraband warrants bail to an accused in custody.
Whether indefinite detention for non-availability of prosecution witnesses violates the principle against excessive pre-trial custody.
1 provisions across 1 enactments
Trinatha Mohapatra
State of Odisha
SASHIKANTA MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
