This bail application was allowed overriding the bar under Section 37 of the N.D.P.S. Act due to unnecessary delay in the trial violating Article 21 rights, based on Mohd Muslim @ Hussain v. State (NCT of Delhi).
Petitioner released on bail on furnishing a bond of Rs.50,000/- with two local solvent sureties for the like amount.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1540 of 2023
Bapita Majhi
…. Petitioner Mr. Anirudha Das , Advocate
-versus-
State of Odisha
…. Opp. Party Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No.
11.05.2023
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Court by filing BLAPL No.2980 of 2022 which was disposed of vide order dated 05.08.2022 by directing the trial court to conclude the trial within three months, failing which the Petitioner was granted liberty to move the fresh application before the court below. Since the trial is not concluded within the aforesaid time, the Petitioner moved an application for bail before the court below and such bail application having been rejected by the court below, the present bail application has been filed.
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them near the bushes to further take the ganja bags to Balliguda side for transportation purpose. The contraband ganja filled three jerry bags came to 40.00 kg., 40.800 kg. and 23.00 kg. each were seized. So, the accused person has been arrested and forwarded to the Court. 6. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 12.03.2021, i.e., more than two years. He further submitted that despite the direction given by this Court, trial has not been concluded. Learned counsel for the Petitioner also submitted before this Court that there is contraband article seized from the public road side where the Petitioner was standing. He further contended that the fact of exclusive and conscious possession of the Petitioner with regard to the seized contraband article was not been established by the prosecution. In such view of the matter, learned counsel for the Petitioner submitted that even though the seized contraband article is weighting around 103 kgs., the bar under Section 37 of the N.D.P.S. Act would not attract to the facts of the present case.
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fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter . The release of the Petitioner shall also be subject to such terms and conditions as would be filed by the Court in seision over the matter.
Debasis
( A.K. Mohapatra)
Judge
Signature Not Verified
Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 18-May-2023 12:32:27
3 issues framed by the court
Whether the bar under Section 37 of the N.D.P.S. Act attracts given unnecessary delay in trial affecting the rights of the accused under Article 21.
Whether the Petitioner should be released on bail despite the quantity of contraband seized and previous rejections of bail.
Whether bail should be granted subject to verification of criminal antecedents and automatic revocation if found.
Colour shows how this judgement treated each authority
Mohd Muslim @ Hussain v. State (NCT of Delhi)Applied¶25
_Mohd Muslim @ Hussain v. State (NCT of Delhi)_
4 provisions across 3 enactments
Bapita Majhi
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.K. Mohapatra
Parties & counsel
