Jagu Adakatia vs State Of Odisha

G. 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 Pottangi P.S. Case No.78 of 2023 arising out of T.R. Case No.76 of 2023 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput, for commission of offence punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 504Kgs and 150Grams of Contraband Ganja in an Eicher vehicle bearing Registration No. MH-19CY-7780 and one Tata 407 pick up Van bearing Registration No. AP31TD-9907 along with co-accused persons.

Heard Mr.Jagannath Gochhayat, learned counsel for the petitioner and Mr.S.N.Nayak, learned ASC in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioner, so also the accusations sought to be brought against him and regard being had to the fact that the petitioner was allegedly caught red-handed while transporting 504KGs & 150Grams of Contraband Ganja in an Eicher vehicle bearing Registration No. MH-19CY-7780 and one Tata 407 pick up Van bearing Registration No. AP31TD-9907 along with co-accused persons and the Contraband Ganja seized in this case being coming under commercial quantity and, therefore, normally the provisions of Sec. 37 of NDPS Act would be attracted. In the aforesaid situation, this Court, however, on perusal of materials on record is unable to record satisfaction of Sec. 37 of NDPS Act to grant bail to the present petitioner.

Hence, the bail application of the petitioner stands rejected. However, the petitioner is at liberty to renew his prayer for bail after examination of the informant and seizure witnesses.

5.Accordingly, the BLAPL stands disposed of..

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