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Runa Lima vs State Of Odisha

Orissa High Court · Decided on 30 November 2023 · Citation: (2023) 11 OHC CK 0110

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3671 Of 2023
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Judgment

15 paragraphs · 376 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in connection with T.R. Case No.83 of 2022 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur, arising out of Padmapur P.S. Case No.85 of 2022 for commission of offence alleged under Sections 20(b)(ii)(C) of the NDPS Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Judge, Gunupur by order dated 23.03.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 06.07.2022 on the allegation that he along with co-accused were alleged to be involved in transportation of contraband (ganja) to the tune of 120 kgs 600 grams. On the ground of delay in trail, learned counsel for the Petitioner seeks release.

5.

Such submission is opposed by the learned counsel for the State.

6.

Taking note of such submission, a report was called for from the learned Court in seisin. In its report dated 25.11.2023, it has been stated that out of 13 witnesses cited in the charge sheet, one witness has been examined so far and examination of one witness has been declined by the prosecution and the case is now posted to 22.12.2023 and 23.12.2023 for trial and the case is likely to be concluded within four months.

7.

Considering the nature of the accusation, this Court is not inclined to entertain this bail application at this stage.

8.

Learned Court in seisin is called upon to conclude the trial within a period of four months hence, as stated.

9.

In the event trial is not concluded within the time stipulated, liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin, which shall be considered on its own merit.

10.

Registry is requested to communicate this order.

11.

Learned counsel for the State is called upon to ensure that the prosecution witnesses appear on the date fixed.

12.

Copy of this order be made over to the learned counsel for the State to take necessary follow up action.

13.

Accordingly, the BLAPL stands disposed of.

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