High CourtsSingle Bench

Basanta Digal @ Dolia vs State Of Odisha

Orissa High Court · Decided on 18 September 2023 · Citation: (2023) 09 OHC CK 0117

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 37(1)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7270 Of 2023
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Judgment

12 paragraphs · 234 words

V. Narasingh, J

1.

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

2.

The petitioner is an accused in C.T. Case No.19 of 2022 pending before the learned Additional District & Sessions Judge-cum-Special Judge, Phulbani, arising out of Gochhapada P.S. Case No.42 of 2022 for alleged commission of offence under Section 20(b)(ii)(C) of NDPS Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Phulbani, by order dated 24.06.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 02.04.2022 on the accusation of possession of contraband to the tune of 3 Quintals 57 Kgs (Ganja).

5.

It is stated that in the meanwhile charge sheet has been filed on 07.09.2022. Hence, further continuance of the Petitioner in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37(1) of the NDPS Act.

7.

Taking into account the quantity of contraband as seized and the manner of the accusation, this Court is not inclined to entertain the bail application at this stage.

8.

Learned Court in seisin is called upon to expedite the trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rule.

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