Bulu Pradhan vs State Of Odisha

D.Dash, J

This matter is taken up through hybrid arrangement (virtual/physical) mode.

This is the successive journey of this petitioner, who is in custody in connection with 2(a)CC Case No.16 of 2021 arising out of P.R. Case No.220 of 2020-21 pending in the Court of the learned 3rd Additional Sessions Judge-cum-Special Judge, Cuttack for offence punishable under sections 20(b)(ii)(C) of NDPS Act in filing this application under section 439, Cr.P.C. for his release on bail.

Learned counsel for the Petitioner submits that this Petitioner being arrested in the case, is in custody since 15.03.2021. He further submits that the allegation against the Petitioner is that he was involved in transportation of 162 Kgs. of Ganja in the vehicle which at the relevant time was being driven by him. He further submits that despite such long detention of the Petitioner in custody, the Trial is yet to make any noticeable progress and its conclusion is not expected so soon. He, therefore, submits that at this stage, the bar contained under section 37 of the NDPS Act does not stand on the way of reconsideration for prayer for grant of bail to the Petitioner. It is also submitted that the Petitioner being the permanent resident of the District of Ganjam, there remains no scope on his part to flee from justice and question of tampering the evidence does not arise, as most of the witnesses are officials.

Learned counsel for the State opposes the move in view of the quantity of the contraband seized. He also submits under instruction that the petitioner has no criminal antecedent.

Considering the submissions made and on going through the materials on record, as also the other surrounding circumstances including the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for bail of this petitioner, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that the Petitioner will appear before the Court in seisin of the case on each date of posting of the case, till conclusion of the trial and will not leave the jurisdiction of the Court in seisin of the case.

Violation of any of the condition(s) shall entail cancellation of the bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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