Sourabha Kumar Barik v. State of Odisha
Case brief
What is this about?
In an application for bail under Section 439 Cr.P.C. concerning offences under the N.D.P.S. Act where the court noted a statutory bar on bail due to commercial quantity of narcotics seized, the High Court of Orissa did not grant bail on merits but released the petitioner on interim bail for three months due to delay in trial and non-compliance with a prior order directing expedited trial.
What did the court decide?
Petitioner released on interim bail for three months by furnishing bail bond of Rs. 50,000 with two sureties, subject to conditions against tampering and seeking prosecution.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4194 of 2023
Sourabha Kumar Barik …. Petitioner
Mr. Himanshu Sekhar Mishra, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. Arupananda Das Addl. Govt. Advocate
Order No.
CORAM: JUSTICE S.K. SAHOO ORDER 19.12.2023 This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Perused the prisoner’s petition dated 25.09.2023
in which the petitioner has requested for engagement of Mr. Himanshu Sekhar Mishra as his counsel. Mr. Himanshu Sekhar Mishra, learned counsel has filed Vakalatnama on behalf of the petitioner, which is taken on record.
Issues for consideration
2 issues framed by the court
Whether petitioner, despite statutory bar on bail under Section 37 of N.D.P.S. Act due to commercial quantity of narcotics, can be released on interim bail due to non-compliance of earlier court order
Whether petitioner is entitled to interim bail given that no witness has been examined in the trial court and the statutory bar under Section 37 of N.D.P.S. Act applies.
Parties & counsel
- petitioner
Sourabha Kumar Barik
- respondent
State of Odisha
Coram
S.K. Sahoo
Case details
As recorded by the court registry
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