Kanai Das vs State Of Orissa

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with 2(a) C.C. Case No.97 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Cuttack, arising out of Cuttack P.R. Case No.121 of 2023-24 for commission of alleged offence under Section 20(b)(ii)(C) of the NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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 20.12.2023 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e. BLAPL No.9357 of 2023 was disposed of by this Court by order dated 04.09.2023 taking into account the allegation that the Petitioner was involved in transportation of contraband (ganja) to the tune of 80 kgs.

It is submitted by the learned counsel that since final P.R. has been submitted on 09.11.2023, Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act.

Considering the nature of allegation and the stipulation under Section 37(1)(b)(ii) of the NDPS Act and submission of final P.R. and keeping in view in the dictum of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024, this Court is not inclined to entertain this bail application at this stage.

Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin at a later stage.

Accordingly, the BLAPL stands disposed of.

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