In the Instant Matter of Krishna Kumar v. State of Odisha a request for bail was made in accordance with Section 439 of the Code of Criminal Procedure, 1973, to release the applicant accused who was charged with a crime penalised under Section 20(b)(ii)(C) of the NDPS act, 1985. In connection with a case against him that is pending under Section 20(b)(ii)(C) of the NDPS Act, the accused requested bail. Given that the accused is a local of the Uttar Pradesh district Hathras, the State requested further time to confirm the legitimacy of the accused’s residence. The Superintendent of Police for Ganjam was ordered by the court to get in touch with the chief superintendent of Police for Hathras, Uttar Pradesh, and submit a report. Despite the contact, neither party responded to the other. The ruling was changed to let the Berhampur Superintendent of Excise file an affidavit. According to the affidavit, despite several attempts to contact the accused to confirm their place of residence, no report was ever received.
Analysis of Court order
The Orissa High Court’s Single Judge Bench, presided over by Justice S.K. Sahoo, noted that the State was given ample opportunity to verify the address of the accused, but that opportunity was not taken. As a result, the Court issued a warning to begin contempt of court proceedings against the negligent officials.
The Court concluded that despite having enough opportunity, the State did not verify the accused’s residence. According to the Indian Constitution, the federal government’s Centre, States, and provinces must work together. The Court emphasised the necessity of government-level resolution of disputes to give pertinent directives to accountable agencies. If not, the Court may issue harsh instructions to the authorities and start a legal action under the 1971 Contempt of Courts Act. It was mandated that immediate action be taken at the government level by the acting chief secretary of the Government of Odisha. A hearing in this lawsuit was set to take place on July 24, 2023.
CASE NAME – Krishna Kumar v. State of Odisha, Bail Application No. 5917 of 2022