Pradip Nayak v. State of Odisha & Ors.
Case at a glance
- Bench
- SASHIKANTA MISHRA
Outcome
Bail granted
petitioner be released on bail on such terms and conditions as the
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 20(b)(ii)(C), 25, 29
- Constitution of India art. 21
Judgment
Mr. S. Mahunta, Adv. Opp. Parties Addl. Government Advocate THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA CORAM: ORDER
17.01.2025 I.A. No. 1662 of 2024 Order No. 6.
1. This matter is taken up through hybrid mode.
2. Learned counsel for the petitioner does not want to press this I.A.
3. The I.A. is disposed of as not-pressed. (Sashikanta Mishra) Judge BLAPL No. 10928 of 2024 Order No. 7.
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.
The petitioner is in custody since 28.02.2021 in connection with Adava P.S. Case No.88 of 2021 corresponding to Case G.R. Case No.85 of 2021 pending in the Court of learned Additional Session Judge-cum- Special Judge, Parlakhemundi, in the district of Gajapati for the alleged commission of offence under Sections 20(b)(ii)(C)/25/29 of NDPS Act.
It is alleged that the petitioner was in possession of contraband ganja weighing 450 Kgs 300 Grams when he was apprehended by police. It is submitted that out of 16 charge sheet witnesses only 4 have been examined so far and in the meantime, the petitioner has spent more than three years in custody.
Learned State Counsel has opposed the prayer for bail by submitting that the quantity of contraband ganja is huge.
This Court, after considering the submission and on going through the materials on record is of the considered view that though the quantity of contraband is huge, yet a person cannot be detained indefinitely as an under-trial as the same would be in violation of his right to liberty guaranteed under Article 21 of the Constitution of India.
Operative part
Taking into consideration of the above facts as also the period of detention, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without seeking representation.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules. A.K. Rana Signature Not Verified Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personsal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Jan-2025 18:30:57 (Sashikanta Mishra) Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petitioner be released on bail on such terms and conditions as the
Which statutory provisions did this judgment involve?
Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 20(b)(ii)(C), 25, 29; Constitution of India — art. 21.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.