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Judgment
12 paragraphs · 281 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with Special G.R. Case No.82 of 2022, pending in the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Orkel P.S. Case No.90 of 2022, for commission of alleged offences under Section 20(b)(ii)(C) of NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 28.11.2022 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 08.09.2022 and as charge sheet has been filed on 05.11.2022, he may be released on bail.
It is the submission of the learned counsel for the petitioner that the basis of implication is on account of the co-accused statement.
Learned counsel for the State opposes the prayer for bail.
It is seen that the contraband to the tune of 302Kgs 400gms (Ganja) was seized and it is on record that the petitioner decamped while being apprehended.
Considering the nature of allegations and keeping in view the criminal proclivity of the petitioner inasmuch as he is an accused in Chitrakonda P.S. Case No.67 of 2022 under Section 20(b)(ii)(C) of NDPS Act and the quantity in the said case being 1600kgs of Ganja, this Court is not inclined to entertain the bail application at this stage, keeping in view the rigors of Section 37 of the NDPS Act.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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