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Judgment
13 paragraphs · 307 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The Petitioner is an accused in 2(a)C.C. Case No.74 of 2022 pending before the Court of learned Sessions Judge-cum-Special Judge, Cuttack, arising out of P.R. No.273 of 2022-23, for commission of alleged offence under Section 20(b)(ii)(C) of the N.D.P.S Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C by the learned Sessions Judge-cum-Special Judge, Cuttack, by order dated 29.03.2023 in the aforementioned case, the present BLAPL has been filed.
It is stated by the learned counsel that the petitioner is in custody since 20.09.2022 and since he is the first offender, he may be released on bail.
In this context, learned counsel for the petitioner relies on the order of the apex Court in the case of Rabi Prakash vs. the State of Odisha reported in 2023 Live Law (SC) 533.
Learned counsel for the State opposes the prayer for bail inter alia on the ground that the contraband to the tune of 66Kgs (Ganja) is seized from the conscious and exclusive possession of the petitioner.
Perused the report of the learned Court in seisin indicating that the trial is scheduled to commence from 24.08.2023 and there are 3 prosecution witnesses and it is stated in the said communication report that the trial is likely to be concluded within a period of two months.
Taking note of the same, this Court is not inclined to entertain the bail application at this stage.
Liberty is granted to the petitioner to renew his prayer before the learned Court in seisin in the event trial is not concluded by 31.10.2023.
Registry is requested to communicate this order to the learned Court in seisin.
Accordingly, the BLAPL stands disposed of.
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