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Judgment
13 paragraphs · 308 wordsV. Narasingh, J
Heard learned counsel for the Petitioners and learned counsel for the State.
The petitioners are accused in Special G.R. Case No.79 of 2022, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrakonda P.S. Case No.59 of 2022, for alleged commission of offence under Sections 20(b)(ii)(C) of the NDPS Act.
Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge, Malkangiri by order dated 27.02.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioners are in custody since 10.05.2022 on the accusation of possession of contraband to the tune of 1715Kgs 800gms (Ganja).
It is submitted by the learned counsel for the Petitioners relying on the deposition of the witnesses Nos.1 to 7 that no case is made out against the Petitioners.
Perused the report submitted by the learned Court in seisin indicating that 8 witnesses have been examined and the case is posted to 15.11.2023 and 16.11.2023 for further hearing.
Learned counsel for the State opposes the prayer for bail relying on the bar contained in Section 37(1)(b)(ii) of NDPS Act and also that independent witnesses are yet to be examined. Hence, submits that the bail application of the Petitioner ought not to be considered at this stage.
Considering the quantum of contraband as noted and the background in which the seizure has been made, this Court is not inclined to entertain the bail application at this stage.
Leave is granted to the Petitioners to renew their prayer before the learned Court in seisin at a later stage after examination of material witnesses.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules..
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