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Judgment
8 paragraphs · 223 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with C.T. Case No.59 of 2023, pending on the file of the learned Sessions Judge-cum-Special Judge, Phulbani, arising out of Phiringia P.S. Case No.51 of 2023 for alleged commission of offence under Section 20(b)(ii)(C)/25/29 of the NDPS Act.
Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Special Judge, Phulbani, by order dated 05.04.2023 in the aforementioned case, the present BLAPL has been filed.
Taking into account the contraband seized is to the tune of 75 Kg. of ganja, this Court is of the considered view that in terms of the stipulation in Section 37(1) of the NDPS Act, it would not be prudent to consider the application for bail, during currency of investigation, without having the benefit of evaluation of incriminating materials qua the Petitioner, post submission of final form by the learned Court in seisin.
The Petitioner is at liberty to move the learned Court below after filing of final form. If such an application is moved, the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.
Accordingly, the BLAPL stands disposed of.
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