The Court granted interim bail to the petitioner, an accused in an NDPS case involving commercial quantity of ganja, considering his detention period, local status, and slow trial progress, despite the bar under Section 37 of the NDPS Act.
Interim bail for three months with bail bond of Rs. 50,000 and two sureties.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12309 of 2023
Gokula Digal @ Gokula Digal
.....
Petitioner
Represented By Adv. – Mr. S. K. Dwibedi
-versus-
State Of Odisha
.....
Opp. Party
Represented By Adv. – Mr. Rajesh Tripathy Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
ORDER
Order No.
05.04.2024
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Balliguda P.S. Case No.108 of 2022 corresponding to C.T. Case No.30 of 2022 pending in the Court of learned Special Judge, Balliguda for alleged commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act.
Learned counsel for the State has produced the written instruction received from the Inspector-in-charge, Balliguda Police Station to the effect that there is nothing adverse found against the petitioner except the present case. The written instruction is taken on record.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 18.10.2022 and till date no witness has been examined and that the petitioner is a local
man and therefore, there is no chance of absconding and after hearing learned counsel for the State, who submitted that commercial quantity of ganja has been seized from the possession of the petitioner and in view of bar under section 37 of the N.D.P.S. Act, he is not entitled to be released on bail, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody, the slow progress of the trial and the fact that the petitioner is a local man, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and he shall surrender before the trial court immediately on expiry of the interim bail period.
For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that while on interim bail, the petitioner shall not indulge in any criminal activities in any manner and he shall appear before the learned trial Court on each date to which the case would be posted for trial.
Violation of any of the terms and conditions shall entail cancellation of interim bail.
BLAPL is accordingly disposed of.
Issue urgent certified copy.
Free copy of this order be handed over to the learned counsel for the State.
( S.K. Sahoo) Judge Signature Not Verified
Digitally SignedM.K.Rout Signed by: MANOJ KUMAR ROUT Reason: Authentication Location: Orissa High Court Date: 06-Apr-2024 16:31:17
1 issue framed by the court
Whether the petitioner, accused under NDPS Act for commercial quantity of ganja, is entitled to interim bail despite bar under Section 37?
3 provisions across 2 enactments
Gokula Digal @ Gokula Digal
State Of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
