Aswini Kumar Meher Vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with C.T. Case No.13 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Dharamgarh, arising out of Junagarh P.S. Case No.325 of 2022 for commission of offence alleged under Sections 20(b)(ii)(C) of the NDPS Act for possessing contraband (ganja) to the tune of 104 kgs.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Dharamgarh by order dated 29.11.2023 in the aforementioned case, the present BLAPL has been filed.

Admittedly, the earlier bail application of the Petitioner i.e. BLAPL No.10442 of 2023 was disposed of on 01.11.2023 and while doing so, this Court took note of the materials against the Petitioner and the same was reflected in paragraph-7 of the order dated 01.11.2023. For convenience of ready reference the said paragraph is culled out hereunder;

“7. Learned counsel for the State submits that 7 witnesses have already been examined out of 28 charge sheeted witnesses. It is stated that P.Ws-1 to 3 have supported the case of the prosecution. Referring to the same learned counsel for the State opposes the prayer for bail in view of the bar contained in Section-37(1)(b)(ii) of the NDPS Act.”

In paragraph-9 of the said order dated 01.11.2023, the learned Court in seisin was called upon to expedite the trial.

The present bail application has been filed on 19.12.2023.

Since there is no change of circumstance, this Court is not inclined to entertain this bail application at this stage.

Accordingly, the BLAPL stands disposed of.

……………………………