Sarojit Dafadar Vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Kalimela P.S. Case No. 53 of 2023 corresponding to Special G.R. Case No.67 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 36Kgs and 200 Grams of Contraband Ganja on a Motor Cycle bearing Registration No. OR-30-3016.

Heard, Mr. A. Das, learned counsel for the Petitioner and Mrs. S.Pattnaik, learned AGA in the matter and perused the record.

It is advanced that although the Petitioner is in custody since 04.03.2023, but the trial is yet to be concluded and in support of such fact, the certified copy of the order sheet dated 18.12.2023 in Special GR Case No. 67 of 2023 has been filed, wherein it has been stated that no PW is present and issue summons to the charge-sheeted witnesses fixing 07.01.2024 for hearing. It is, however, brought to the notice of the Court that the Petitioner is also found involved in Orkel PS Case No. 10 of 2021 for self same offence of 20(b)(ii)(C) of the NDPS Act. Although there appears some custody period of the Petitioner, but the same is not sufficient to record satisfaction towards dispensing with the conditions of Sec. 37 of NDPS Act, especially when the Petitioner is found involved in another case of similar nature.

In view of the aforesaid facts and taking into consideration the rival submissions and on a conspectus material placed on record, this Court considers that the Petitioner has not been able to satisfy the Court the conditions of Sec. 37 of NDPS Act which is mandatorily required for grant of bail.

Hence, the bail application of the petitioner stands rejected.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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