State v. Binod Bihari
Case brief
What is this about?
High Court of Orissa dismissed an appeal against acquittal where the trial court acquitted the accused on technical grounds of procedural violations under the NDPS Act. The court analyzed mandatory compliance with Section 42 and 52-A.
What did the court decide?
Appeal against acquittal dismissed; bail bond of respondent cancelled; sureties discharged.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
GA No.13 of 1997
From the order dated the 09.03.1996, passed by the learned Sessions Judge, Kalahandi-Nuapada at Bhawanipatna in G.R. Case No.140 of 1991.
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State of Orissa …. Appellant
-versus-
Binod Bihari Sahu …. Respondent
For Appellant : Mr. P.K. Maharaj, ASC
For Respondent : None
CORAM:
JUSTICE V. NARASINGH
DATE OF HEARING : 31.10.2023
DATE OF JUDGMENT:21.11.2023
V. Narasingh, J.
- Heard Mr. Maharaj, learned ASC for the Appellant.
- None appears for the Respondent.
Issues for consideration
2 issues framed by the court
Whether an appeal against acquittal under Section 378 Cr.P.C. can be entertained in the presence of patent violations of Section 42 and Section 52-A of the NDPS Act by the trial court.
Whether non-adherence to the mandatory procedure under Section 42 of the NDPS Act gives rise to a violation warranting maintenance of acquittal despite other incriminating evidence.
Parties & counsel
- appellant
State of Orissa
- respondent
Binod Bihari Sahu
Coram
V. Narasingh
Case details
As recorded by the court registry
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