The High Court of Orissa granted bail to the petitioner in an NDPS case involving possession of ganja. Dispensing with the rigor of Section 37(1)(b) due to trial delay exceeding four years and inability of prosecution to conclude trial.
Petitioner released on bail in Kantamal P.S. Case No. 71 of 2019 / Spl. NDPS Case No. 35 of 2019.
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.
Signature Not Verified
Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 19-Jul-2023 16:04:00
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5187 of 2023
Gandhi Majhi
…. Petitioner
Mr. S.Panda, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. K.K. Das, Additional Standing Counsel
CORAM: SHRI JUSTICE B. P. ROUTRAY
ORDER
18.07.2023
Order No.
Signature Not Verified
Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 19-Jul-2023 16:04:00
they are not turning up. The learned Trial Judge has further stated that the trial is expected to be completed within four months.
( B.P. Routray) Judge
S.Das
Page 2 of 2
2 issues framed by the court
Whether the rigorous bail regime under Section 37(1)(b) of the NDPS Act should be dispensed with given the delay in trial and defendant's prolonged custody.
Whether rigour under Section 37(1)(b) of the NDPS Act is dispensed with to release the petitioner on bail.
Colour shows how this judgement treated each authority
Dheeraj Kumar Shukla vrs. State of Uttar PradeshExplained¶24
Dheeraj Kumar Shukla vrs. State of Uttar Pradesh (SLP(Crl.) No.6690 of 2022)
Mohd. Muslim @ Hussain vrs. State (NCT of Delhi)Explained¶24
Mohd. Muslim @ Hussain vrs. State (NCT of Delhi), (2023) SCC online SC 352 · Who else cites this
Satender Kumar Antil vrs. Central Bureau of Investigation & Anr.Explained¶24
Satender Kumar Antil vrs. Central Bureau of Investigation & Anr. (2022) 10 SCC 51 · Who else cites this
3 provisions across 2 enactments
Gandhi Majhi
State of Odisha
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
