Partly allowed

Sriman Sridhara Dixit v. State of Odisha

Orissa HC9 Nov 2023BLAPL/611/2023

Case brief

AI extract

What is this about?

This is an extraordinary bail application filed by an accused in a narcotics case under the NDPS Act. The High Court acknowledged the statutory bar on bail but, to ensure swift justice, directed the trial court to conclude the trial within four months of the order's receipt, permitting bail renewal if pending thereafter.

What did the court decide?

Liberty granted to renew the prayer for bail if the trial is not concluded by 09.11.2024.

Sriman Sridhara Dixit Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.611 of 2023

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Sriman Sridhara Dixit

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…. Petitioner

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Mr. C. Behera, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. K.K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

09.11.2023

Order No.

1. Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in G.R Case No.18 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Gajapati, arising out of Mohana P.S. Case No.21 of 2022 for commission of the offence under Section 20(b)(ii)(C)/25/29 of the N.D.P.S Act.

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Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special Judge, Gajapati, by order dated 09.01.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody from 27.1.2022 and since the trial is lingering and 3 witnesses have been examined and there has been material contradiction to the factum of seizure, which according to the learned counsel for the Petitioner, prima facie indicate of non-

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involvement of the Petitioner, his further continuance in custody is not warranted.

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Per contra, learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)((b)(ii) of the N.D.P.S Act and it is the further submission that the assertion as made by the learned counsel for the Petitioner ought not to be considered at this stage.

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It is no doubt true that the Petitioner is in custody since 27.1.2022 and the Petitioner is a young boy of 19 years and at the same time this Court cannot lose sight of the statutory stipulations under Section 37 of the N.D.P.S Act while considering the application for bail and more so when trial is admittedly going on. Regarding the contradiction on which much reliance has been placed by the learned counsel for the Petitioner, this Court prima facie is not persuaded to hold that no case is made out. This Court desists itself to delve further into the purported contradictions, since the same will prejudice the accused.

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Considering that the Petitioner is in custody since 27.1.2022, learned Court in seisin is requested to conclude the trial within a period of four months from the date of receipt/production of a copy of this order. In the event the trial is not concluded within the time stipulated, liberty is given to the Petitioner to renew his prayer.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted as per rules.

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: A.R.-cum-Sr. Secy. Reason: Authentication Location: Orissa High Court, Cuttack PKS Date: 10-Nov-2023 16:45:20

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(V. NARASINGH) Judge

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Sriman Sridhara Dixit v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sriman Sridhara Dixit v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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