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Judgment
10 paragraphs · 392 wordsG. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
This is a successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special G.R. Case No. 08 of 2021 arising out of Baadagada P.S. Case No. 61 of 2021 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar for commission of offences punishable Under Sections 20(b)(ii)(C), on the allegation of transporting 144 Kgs of Contraband Ganja in a vehicle.
In the course of hearing of the bail application, Mr. B.K. Sharma, learned counsel for the Petitioner by drawing attention of the Court to the deposition of one witness submits that the Petitioner was not being identified by the witness in the trial Court and, thereby, the complicity of the Petitioner in this case is out an out false and Section 37 of NDPS Act would not operate as a Bar for his release on bail. It is further submitted that even for a moment, if the allegation on record are taken into consideration, the Petitioner being the cleaner of the vehicle has no knowledge about transportation of Contraband Ganja in the vehicle which was carrying pizza, biscuits, burger and biriyani and the Petitioner having already detained in custody for near about one and half years, may kindly be granted bail.
On the other hand, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the Petitioner by resorting to Section 37 of NDPS Act.
After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and on going through the evidence of witnesses, copies of whose depositions are produced by the learned counsel for the Petitioner and the Petitioner having identified by one witness and not identified by another witness, this Court on conspectus of materials placed on record cannot record its satisfaction at the stage that there are reasonable grounds for believing that he is not guilty of such offence and he is unlikely to commit offence while on bail and therefore, this Court is not inclined to grant bail to the petitioner.
Hence, the bail application of the petitioner stands rejected.
Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules.
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