High CourtsSingle Bench(2021) 11 OHC CK 0021

Anil Sharma @ Anil Kewwal Sharma vs State Of Odsiha

Orissa High Court · Decided on 5 November 2021

HON’BLE JUDGES
B. P. Routray, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 3089 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 187 words

B. P. Routray, J

1.

This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Secs. 20(b)(ii)(C) of the NDPS Act.

2.

Heard Mr. G.K. Mohanty, learned counsel for the Petitioner as well as Mr. D. Mund, learned A.G.A. for the State-Opposite Party.

3.

Considering the total quantity of contraband which weighs 43 kg. 500 grams involving commercial quantity, I am not inclined to release the Petitioner on bail keeping in view the embargo contained under Sec.37(1)(b) of the NDPS Act. Accordingly, the prayer for bail is rejected.

4.

The BLAPL is dismissed.

5.

However, it is submitted that the Petitioner is though inside custody since 22nd November, 2019, the trial is yet to commence.

6.

Considering the period of detention of the Petitioner inside custody, learned trial court is directed to complete the trial expeditiously, preferably by end of May, 2022. In case the trial is not completed by then, it is open to the Petitioner to pray for his release on interim bail for specific period.

7.

An urgent certified copy of this order be issued as per rules.

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