Milikshya Tandi vs State Of Orissa

B. P. Routray, J

Heard Mr. M.K. Chand, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.20(b)(ii)(C) of the NDPS Act for possession of contraband ganja weighing 208 kg. 712 grams.

It is submitted on behalf of the Petitioner that he is inside custody since 20th September, 2019 and the trial has not yet completed despite earlier order passed by this Court to complete the trial expeditiously. In the meantime, only nine witnesses have been examined.

After hearing Mr. K. Das, learned Additional Standing Counsel for State-Opposite Party, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act. The prayer for bail is rejected.

However, considering long period of detention of the Petitioner inside custody and slow progress in trial, it is directed to release the Petitioner on interim bail for a further period of three months from the date of his release in connection with Kesinga P.S. Case No.257/2019 corresponding to C.T. Case No.29/2019 (NDPS) on such terms and conditions to be fixed by learned Sessions Judge-cum-Special Judge, Kalahandi, Bhawanipatna as he deems just and proper including the condition that the Petitioner shall furnish two sureties (with proper identity proof) out of which one shall be his relative and that, he shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

It is made clear that the Petitioner shall surrender in the trial court on or before 18th August, 2023, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

The BLAPL is disposed of.

An urgent certified copy of this order be granted on proper application.

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