High CourtsSingle Bench

Gajanan Meher vs State Of Odisha

Orissa High Court · Decided on 11 September 2023 · Citation: (2023) 09 OHC CK 0069

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4762 Of 2023
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Judgment

10 paragraphs · 287 words

G. Satapathy, J

1.

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

2.

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Junagarh Excise Station P.R. Case No. 82 of 2020-21 corresponding to C.T. Case No. 6 of 2020(NDPS) pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Dharamgarh for commission of offences punishable Under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of possessing 182Kgs of Contraband Ganja in his house.

3.

Heard, Mr. M.K. Chand, learned counsel for the Petitioner as well as Mr. R.B. Mishra, learned AGA in the matter of the present bail application and perused the record.

4.

At the outset, it needs to be mentioned that the learned Additional Sessions Judge-cum-Special Judge, Dharamgarh by her report has stated that three out of four charge-sheeted witnesses had already been examined and the case was posted on 04.09.2023 for examination of last CS witness. She further informs the Court that twenty days is required to dispose of the case.

5.

In view of the aforesaid report and taking into consideration the nature and gravity of accusations raised against the Petitioner and the quantity of Contraband Ganja seized in this case and the consequent failure of the Petitioner to satisfy the conditions of Section 37 of NDPS Act and taking into account the other circumstances on record in entirety including likelihood of disposal of the case in near future, this Court is not inclined to grant bail to the Petitioner at this stage.

Hence, the bail application of the petitioner stands rejected.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per  Rules.

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