The Orissa High Court granted bail to the petitioner, who was arrested for possession and transportation of ganja and observed that Section 37 of the NDPS Act can be dispensed with at this stage of the trial, particularly when the trial is not completed within the time stipulated by this court earlier.
Brief Facts:
The petitioner was kept in custody for the alleged commission of offences under Sections 20(b)(ii)C, 25, 27A and 29 of the NDPS Act for the possession and transportation of Ganja.
Contentions of the Applicant:
The learned counsel appearing for the petitioner that only six witnesses had been examined in the court while the petitioner was inside custody. It was further stated that the independent witnesses of the seizure did not support the case of the prosecution and turned hostile.
Contentions of the Respondent:
The learned counsel appearing for the respondent submitted that the petitioner has no criminal antecedent. Reliance was made on the judgment in Dheeraj Kumar Shukla vs. The State of Uttar Pradesh which held that the conditions of Section 37 of the NDPS Act can be dispensed with in the absence of criminal antecedents.
Observations of the Court:
The court stated that the trial of the petitioner is still pending at the stage of examination of further prosecution witnesses even though the court had ordered it. The court after considering the delay in trial and the statements of the witnesses examined and relying on the judgment in Dheeraj Kumar Shukla vs. The State of Uttar Pradesh stated that Section 37 of the NDPS Act can be dispensed with at this stage of the trial, particularly when the trial is not completed within the time stipulated by this court earlier.
The decision of the Court:
The court granted bail to the petitioner.
Case Title: Pradhani Jani vs. State of Orissa
Coram: Hon’ble Mr. Justice B.P Routray
Case No.: BLAPL No.11629 of 2022
Advocate for the Applicant: Mr. S.G Das
Advocate for the Respondent: Mr. K. Gaya
Picture Source : https://pixnio.com/free-images/science/medical-science/drug-paraphernalia-were-a-number-of-red-oblong-tablets-rows-or-lines-725x483.jpg
