Bijaya Kumar vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with 2(a)CC Case No.09 of 2021 arising out of P.R. No.50 of 2021-22 pending in the file of learned Sessions Judge-cum-Special Judge, Sonepur, for commission of offences punishable Under Section 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 100 Kgs of Contraband Ganja in a Tata Safari bearing Registration No. CG-04-HB-6679.

Heard Mr. D.R. Mishra, learned counsel for the Petitioner as well as Mrs. S.R. Sahoo, learned A.S.C. in the present matter and perused the record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the stage of the case and the commercial quantity of Contraband Ganja seized in this case and the consequent failure of the Petitioner to satisfy the twin conditions Under Section 37 of NDPS Act, this Court does not consider it proper to grant bail to the Petitioner at this stage.

Hence, the bail application of the petitioner stands rejected. However, taking into consideration the custody of the Petitioner, the learned trial Court is requested to proceed with the trial and dispose of the case as expeditiously as possible preferably within a period of three months from the date of receipt of the copy of this order. In case the trial is not concluded within the aforesaid period as directed, the Petitioner may renew his prayer for bail.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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