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Judgment
11 paragraphs · 339 wordsG. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Titilagarh Excise Police in P.R. No. 38/2023-24 corresponding to 2(a) CC 04 of 2023 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Titilagarh for commission of offences punishable under Section 20(b)(ii)(C) of the NDPS Act, on the allegation of possessing 6.3 quintals of Contraband Ganja in his core house.
Heard Mr.S.Palit, learned Senior Counsel for the petitioner and Mr.S.S.Kanungo, learned AGA in the matter and perused the record.
After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for possessing 6.3 quintals of Contraband Ganja in his house and the aforesaid quantity of Contraband Ganja is squarely coming under commercial quantity, but for the release of the petitioner on bail, he has to satisfy the rigorous conditions of Sec.37 of NDPS Act which prescribes that the Court be satisfied that the accused has not committed any offence and he is unlikely to commit any offence while on bail. However, on a conspectus of materials placed on record, this Court is unable to record satisfaction at this stage that the accused is not guilty of the offence and is unlikely to commit any offence while on bail.
In view of the above facts and taking into consideration the materials placed on record and failure of the petitioner to satisfy the Court the conditions of Sec. 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.
Hence, the bail application of the petitioner stands rejected.
However, taking into consideration the alternative submission of learned counsel for the petitioner for expediting the trial, it is observed that the learned trial Court is requested to expedite the trial, if there is no legal impediment.
7Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules.
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