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Judgment
10 paragraphs · 294 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in T.R Case No.63 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Judge (NDPS), Gunupur arising out of Muniguda P.S. Case No.104 of 2022 for commission of the alleged offence under Section 465/471/20(b)(ii)(C)/29 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 Addl. Sessions Judge-cum-Special Judge, Gunupur by order dated 19.04.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 09.05.2022 on the accusation that he along with co-accused were transporting the contraband (ganja) to the tune of 138 Kg. in a car in which he is the owner-cum-driver.
A report was called for from the learned Court in seisin regarding stage of trial. It is indicated in the report that out of 17 charge sheeted witnesses 2 witnesses have been examined and the case was posted to 12.12.2023 and 13.12.2023 for trial.
Considering the progress in trial, this Court is not inclined to entertain this bail application in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act and as rightly pointed out by the public prosecutor that the Petitioner is a flight risk.
Learned Court in seisin is requested to conclude the trial by end of April, 2024. In the event the trial is not concluded within the time stipulated, it shall be open for the Petitioner to renew his prayer before the learned Court in seisin shall be shall be considered on its own merit.
The BLAPL is accordingly disposed of.
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