Pradip Pradhan vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Sheragada P.S. Case No. 152 of 2022 corresponding to G.R. Case No. 08 of 2022 (N) pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Aska, Ganjam for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of possessing 1043 Kgs. of Contraband Ganja in two houses.

In the course of hearing of the bail application, learned counsel for the petitioner submits that although the petitioner was shown to have possessed commercial quantity of Contraband Ganja in two houses, but such houses do not belong to the petitioner and the petitioner, therefore, is clearly entitled to bail.

On the other hand, Mr. S.R.Roul, learned ASC submits that since the quantity of Contraband Ganja seized in this case is huge and coming under commercial quantity, Section 37 of NDPS Act would operate as a bar for release of the petitioner on bail.

After having considered the rival submissions made and taking into consideration the earlier refusal of bail to the petitioner by this Court in BLAPL No. 5777 of 2022 and there being no change in circumstance in the meanwhile and regard being had to the fact that huge quantity of Contraband Ganja has been allegedly seized from the house of the petitioner and consequent failure of the petitioner to satisfy this Court the twin conditions mandated U/S. 37 of NDPS Act for grant of bail, this Court is not inclined to grant bail to the petitioner.

Hence, the bail application of the petitioner stands rejected.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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