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Judgment
18 paragraphs · 419 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in 2(a)CC Case No.14 of 2023 (N) pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Aska, arising out of P.R. No.237 of 2023-24 for commission of the offence under Section 20(b)(ii)(C) of the N.D.P.S 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.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special Judge, Aska, by order dated 18.10.2023 in the aforementioned case, the present BLAPL has been filed.
This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner was dismissed as withdrawn by order dated 11.09.2023 in BLAPL No.9553 of 2023.
The allegation against the present Petitioner is that he is involved in transportation of the contraband (ganja) to the tune of 150 Kg. and he is in custody since 30.07.2023.
It is submitted by the learned counsel that sole independent witness to search, seizure and other mandatory requirements of the N.D.P.S Act has resiled. Hence, further continuance of the Petitioner in custody is not warranted.
In the case at hand the prosecution has cited 3 witnesses to drive home the charge.
Learned counsel for the State submits that during currency of trial it is not open for this Court to make a scrutiny of the materials on record and more so when prima facie case is well made out against the present Petitioner.
This Court finds force in the submission of the learned counsel for the State.
Taking note of the same, this Court is not inclined to entertain this bail application.
Accordingly, BLAPL stands rejected.
Learned Court in seisin is requested to conclude the trial within a period of two months since only one official witness remains to be examined.
Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin in the event the trial is not concluded within the time stipulated.
Learned Standing Counsel for the State is called upon to impart necessary instruction for ensuring the presence of the official witness on the date fixed.
Free copy of the order be made over to the learned counsel for the State for compliance.
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