Jafrudin Malik Vs State Of Odisha

Savitri Ratho, J

Heard Mr. H.B. Dash, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Excise, Rayagada Range P.R. Case No. 59 of 2023-24 corresponding to T.R. Case No. 32 of 2023 pending in the Court of the learned Special Judge, Rayagada registered for commission of offence punishable under Sections 20(b)(ii)(C) of NDPS Act.

The prayer for bail of the petitioner has been rejected vide order dated 02.01.2024 by the learned Special Judge, Rayagada.

The prosecution allegation in brief is that the petitioner who belongs to Aligarh in the State of Utter Pradesh was arrested in the Rayagada Railway Station 2 bags, each bag containing 25 kgs. of ganja. As he could not produce any license or authority for possessing the ganja, he was arrested and the ganja was seized.

Mr. H.B. Dash, learned counsel for the petitioner submits that the petitioner is a young man aged about 22 years and has no connection with the said ganja and is in custody since 12.07.2023. He further submits that he was arrested in the railway station and allegations have been made that two bags containing ganja were being carried by him which is improbable. He further submits that the investigation has been completed and as the petitioner does not have any criminal antecedents, his prayer for bail may be sympathetically considered.

Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that as 50 kgs. of ganja has been recovered from the possession of the petitioner, Section 37 of NDPS Act will be a bar for releasing him on bail. He further submits that as the petitioner is a resident of Utter Pradesh, it will be difficult to secure his presence during trial.

Considering the quantity of ganja seized and the provision of section 37 of NDPS Act, I am not inclined to release the petitioner on bail at this stage.

The BLAPL is dismissed.

It is open to the petitioner to move for bail afresh in case there is undue delay in commencement/completion of trial.

Urgent certified copy of this order be granted on proper application.

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