Dharmvir Singh vs State Of Odisha

G. Satapathy, J

BLAPL No. 445 of 2023 and I.A. No. 107 of 2022

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with T.R. Case No.52 of 2022 arising out of P.R. Case No.23 of 2022-2023 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Koraput, for commission of offence punishable under Sections 20(b)(ii)(C)/29(b) of NDPS Act, on the allegation of possessing and transporting 9 quintals of Contraband Ganja along with co-accused persons.

Heard Mr. A.P. Bose, learned Counsel for the petitioner and Mr. S.S. Pradhan, learned AGA in the present matter and perused the record.

At the outset, it needs to be mentioned that the petitioner has filed an interlocutory application on 18. 01.2023 for grant of interim bail to him on the ground of illness of his wife, but the learned counsel for the petitioner could not convince this Court for grant of interim bail to the petitioner.

On going back to the regular bail application, this Court after hearing the learned counsel for the petitioner and State, finds that the petitioner was arrested in the aforesaid case on the allegation of possessing and transporting 9 quintals of Contraband Ganja in a truck along with co-accused persons and the aforesaid quantity of Contraband Ganja is definitely coming under the commercial quantity, but the petitioner has failed to satisfy the conditions contained in Section 37 of the NDPS Act, which is mandatorily be required before grant of bail to the accused.

In view of the aforesaid facts and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the alleged recovery and detection of such a huge quantity of Contraband Ganja from the vehicle which was allegedly driven by the petitioner and taking into consideration the other circumstance placed on record in entirety, this Court is not inclined to grant bail to the present petitioner.

Hence, the bail application of the petitioner stands rejected. Trial be expedited in terms of the request of learned counsel for the petitioner.

Accordingly, both the BLAPL and I.A. stand disposed of.

Issue urgent certified copy of the order as per Rules.

……………………………………