Shaikh Shakil 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 2(a).C.C. Case No.86 of 2022(N) arising out of Excise, EI & EB (SD), Unit-II, Berhampur P.R. Case No.574 of 2022-23 pending in the file of learned Sessions Judge-Cum-Special Judge, Ganjam, Berhampur, for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 120Kgs of Contraband Ganja in a TATA SAFARI GX bearing Registration No.MH-12-GR-8990 along with co-accused persons.

In the course of hearing of bail application, Mr. S.K. Nath, learned counsel for the petitioner by referring to the period of custody of the petitioner in jail for last one year, submits that despite long custody of the petitioner, the trial has not commenced and, thereby, the Article 21 which relates to personal liberty of a person has been seriously violated and Mr. Nath accordingly seeks for bail to the petitioner on the ground of detention.

On the other hand, Mrs. S.R. Sahoo, learned ASC strongly opposes the bail application of the petitioner by taking this Court through the provision of Section 37 of NDPS Act.

After having considered the rival submissions and taking into consideration the nature and gravity of accusation raised against the petitioner and keeping in view the recovery and seizure of 120Kgs of Contraband Ganja from the vehicle allegedly being driven by the petitioner at the time of detection and taking into consideration the mandate of Section 37 of NDPS Act and consequent failure of the petitioner to satisfy the conditions as enumerated therein and taking into account the law laid down by the Apex Court in Narcotic Control Bureau Vrs. Mohit Agarwal; (2022) SCC Online SC 891, wherein the period of custody by itself has not been considered as persuasive ground for granting bail to the accused therein, this Court is not inclined to grant bail to the present petitioner.

Hence, the bail application of the petitioner stands rejected. The learned trial Court is, however, requested to take sincere steps for expeditious disposal of the case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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