BABUA@ TAZMUL HOSSAIN versus THE STATE OF ORISSA

BABUA@ TAZMUL HOSSAIN versus THE STATE OF ORISSA

At this stage, it cannot be said that the accused is not guilty if the allegations made in the charge are established, and the scope of Section 37(1)(b) precludes bail absent reasonable grounds for innocence and no risk of further offences.

Parties
Petitioner: Babua @ Tazmul Hossain; Respondent: The State of Orissa
Jurisdiction
India
Judgment Date
30 January 2001
Procedural Posture
Special Leave Petition (crl.) No. 2866 of 2000 / Petition for Bail Following Rejection of Bail by Special Judge and Orissa High Court
Outcome
Petition dismissed
Legal Topics
Narcotic Drugs and Psychotropic Substances, Bail, Criminal Conspiracy, Abetment, Trial Procedure
Criminal Law Narcotic Drugs and Psychotropic Substances Bail Criminal Conspiracy Abetment Trial Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Babua @ Tazmul Hossain

Petitioner

The State of Orissa

Respondent

Procedural Posture

Special Leave Petition (crl.) No. 2866 of 2000 / Petition for Bail Following Rejection of Bail by Special Judge and Orissa High Court

Legal Issues

  1. 1 Whether the petitioner is entitled to bail under Section 37(1)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985

Ratio Decidendi

At this stage, it cannot be said that the accused is not guilty if the allegations made in the charge are established, and the scope of Section 37(1)(b) precludes bail absent reasonable grounds for innocence and no risk of further offences.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed.
  • Copies of the order shall be sent to the Chief Secretaries of West Bengal and Orissa and Registrars of the High Courts of Calcutta and Orissa for compliance with directions regarding trial facilitation.