M.D. Aarif @ Md. Arif vs State Of Odisha

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S.K. Sahoo, J

This matter is taken up by video conferencing mode.                      Â

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

This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.23 of 2020 arising out of Koraput Town P.S. Case No.140 of

2020 pending in the Court of learned Addl. Sessions Judge â€"cum- Special Judge, Koraput for offences punishable under sections 20(b)(ii)(C)/29 of

the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Koraput which was rejected on

15.12.2020.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 27.04.2020 and he was the driver of the truck bearing

registration No.HR 73 A 5613 from which the contraband ganja of commercial quantity was seized and the petitioner was not aware about the

contents of the six gunny bags which were loaded in the truck and therefore, it cannot be said that the ingredients of the offences under sections 20(b)

(ii)(C)/29 of the N.D.P.S. Act under which charge sheet has been submitted are attracted against the petitioner and therefore, the bail application of

the petitioner may be favourably considered.

Learned counsel for the State on the other hand opposed the prayer for bail and submits that the petitioner is a man from Haryana and 120kgs and 850

grams of ganja was found in the eight gunny bags which were transported in the truck in which the petitioner was the driver and since it is a case of

seizure of commercial quantity of ganja, in view of the bar section 37 of the N.D.P.S. Act, the petitioner is not entitled to be released on bail.

Considering the submissions made by the learned counsel for the respective parties, the quantity of ganja seized from a truck in which the petitioner

was a driver and bar under section 37 of the N.D.P.S. Act, while not inclining to release the petitioner on bail but taking into account the period of

detention of the petitioner in judicial custody, I direct the learned trial Court to expedite the trial and if possible, to conclude the same within a period of

six months from the date of framing of charge. The petitioner is at liberty to renew the prayer for bail after examination of the material witnesses in

the trial Court.

Accordingly, the BLAPL is disposed of.

A copy of the order be sent to the learned trial Court for compliance.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.