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Judgment
11 paragraphs · 276 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with T.R. Case No.346 of 2022 pending on the file of learned District & Sessions Judge, Khurda at Bhubaneswar arising out of Khandagiri P.S. Case No.458 of 2022 for commission of the alleged offence under Sections 20(b)((ii)(C) of the NDPS Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2nd Additional Sessions Judge, BBSR by order dated 17.03.2023 in the aforementioned case, the present bail application has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 07.09.2022 on the allegation that he along with co-accused are found to be in possession of contraband (ganja) to the tune of 100 kg seized from a car in which they were travelling.
It is further submitted by the learned counsel for the Petitioner that as charge sheet has already been filed on 04.03.2023, further continuance of the Petitioner is not warranted since he is the first offender.
Learned counsel for the State opposes the prayer for bail in view of the Section 37(1) of NDPS Act.
Taking into account the nature of allegations and quantity of contraband seized, this Court is not inclined to entertain this bail application at this stage keeping in view the embargo under Section 37(1) of the NDPS Act.
Accordingly, the BLAPL stands disposed of.
Since it is stated that the Petitioner is in custody from 07.09.2022, learned Court in seisin is called upon to expedite the trial.
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