Mohan Patra Vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in connection with Spl. (NDPS) Case No.82 of 2020 pending on the file of learned Special Judge, Bhadrak, arising out of Basudevpur P.S. No.267 of 2020 for commission of offence alleged under Sections 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.

This is the third journey of the Petitioner to this Court, inasmuch as, it is stated in the certificate that BLAPL No.8879 of 2020 filed by the Petitioner was disposed of by order dated 22.06.2021 and thereafter, the bail application of the Petitioner i.e. BLAPL No.7233 of 2021 was disposed of by order dated 20.02.2023.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhadrak by order dated 10.08.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 13.10.2020 and the allegation against him is that he along with co-accused were involved in the transportation of contraband in a Hyundai Xcent Car to the tune of 100 kg 740 grams ganja.

It is further submitted that primarily on the ground of long incarceration, Petitioner may be released on bail.

A report was called for from the learned Court in seisin. In the said report, it is indicated that out of 13 charge sheeted witnesses, 9 witnesses have already been examined and the Court in seisin has sought four months time to conclude the trial.

Learned counsel for the State opposes the prayer for bail, submits that taking into account that the Petitioner was the driver of the vehicle from which the contraband was recovered and considering the quantity of contraband, prima facie the case is well made out and in view of the rigors of Section 37(1)(b)(ii) of the NDPS Act, he ought not to be released on bail.

Taking into account the progress in trial and the nature of accusation, this Court is not inclined to entertain the bail application at this stage.

Learned Court in seisin is requested to conclude the trial within a period of four months, as stated in the status report.

In the event trial is not concluded within the time, as sought, liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin, which shall be considered on its own merit.

Registry is requested to communicate this order.

Accordingly, the BLAPL stands disposed of.

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