Observations In Judgments Cannot Be Read As “Euclid’s Theorem”, Have To Be Applied In Given Facts Of Particular Case: Orissa HC
The Orissa High Court has observed that observations in judgments cannot be read as “Euclid’s theorem”. The Court further added that it has to be applied in the given facts of a particular case.
“Inasmuch as it is trite law that observations in the judgments cannot be read as “Euclid’s theorem”. It has to be applied in the given facts of a particular case.”, the bench of Justice V. Narasingh observed.
The Court made this observation while dealing with the bail application of an accused for alleged offence under NDPS Act.
The allegation of the prosecution is that the Informant in the case got information that few persons were planning to deliver contraband (brown sugar) to the customers.
One of those persons came to be arrested who disclosed the name of the Petitioner-accused as the one who sold the contraband to him. Following this, the petitioner and other accused persons were arrested and from the possession of the Petitioner cash of Rs.5,30,000 was recovered.
Advocate R. Sarangi appeared for the Petitioner and K.K. Gaya, Additional Standing Counsel, appeared for State.
The Court observed that the recovery of the amount which tallies with the statement of the co-accused, being the cost of the contraband of brown sugar of 1 Kg. 50 grams is a crucial link that cannot be lost sight of.
The Court further noted that the judgments relied upon the counsel for the petitioner had no application to the facts of the present case.
“In relying on the said judgments, bereft of the facts in which the same were decided, learned counsel for the Petitioner lost sight of the seminal principle of interpretation of the judgment.”, the Court noted.
The Court observed that there are materials which prima facie justify the accusation, thus the Court rejected the bail plea of the accused.
“…after careful evaluation of the materials on record qua the Petitioner and considering the submission of the learned counsel for the respective parties, this Court does not find any merit in the bail application and the same is accordingly rejected.”, the Court held.
Cause Title- Sk. Jumman @ Badruddin v. State of Odisha