Biswanath Karna v. State of Odisha
Case brief
What is this about?
Orissa High Court (Sashikanta Mishra J.), BLAPL No 51 of 2025, order dated 06.02.2025 — bail allowed on the ground of delay in trial in an NDPS ganja case (Spl. G.R. Case No. 22 of 2021 arising from Tarva P.S. Case No. 159 of 2021, Sonepur; offence under Sections 20(b)(ii)C/29 NDPS Act). Petitioner in custody since 08.08.2021 (over four years); only 1 of 26 witnesses examined; earlier bail application had been rejected on account of the large quantity of seized contraband. Court relies on Supreme Court decision in Rabi Prakash v. The State of Odisha (Appeal (Crl.) No(s). 4169/2023, 13.07.2023): Article 21 of the Constitution overrides the Section 37 NDPS Act embargo where trial delay amounts to pre-trial punishment. Bail conditioned on personal appearance before the trial court on each date of posting, without representation through counsel.
What did the court decide?
Release on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose, including personal appearance before the trial court on each date of posting without representation through counsel.