High CourtsSingle Bench

Rabindra Pradhani vs State Of Odisha

Orissa High Court · Decided on 21 September 2023 · Citation: (2023) 09 OHC CK 0144

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 37
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9699 Of 2023
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Judgment

9 paragraphs · 279 words

G. Satapathy, J

1.

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

2.

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Baipariguda P.S. Case No. 60 of 2021 corresponding to T.R. Case No. 28 of 2021 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Jeypore, Dist-Koraput for commission of offences punishable Under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 187 Kgs and 100 Grams of Contraband Ganja by an Auto-Rickshaw.

3.

Heard, Mr. S.K. Nayak, learned counsel for the Petitioner as well as Mr. S.R. Roul, learned ASC in the matter of the present bail application and perused the record. It appears from the rejection order passed by the learned trial Court that the only two Official witnesses are remaining for examination in the trial.

4.

In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the mandate of Section 37 of NDPS Act and regard being had to the observation of the learned trial Court about examination of only IO and another Official witnesses remaining in trial, this Court is not inclined to grant bail to the Petitioner at this stage.

Hence, the bail application of the petitioner stands rejected. The learned trial Court is, however, requested to complete the trial as expeditiously as possible preferably within a period of four (04) months of receipt of copy of this order.

5.

Accordingly, the BLAPL stands disposed of.

6.

Issue urgent certified copy of the order as per Rules

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