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Judgment
9 paragraphs · 248 wordsG. 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 arising out of Excise Station E.I. & E.B., Unit-1, Cuttack P.R. Case No.190 of 2022-23 corresponding to 2(a)CC Case No.48 of 2022 pending in the Court of learned 3rd Addl. Sessions Judge, Cuttack for commission of offence punishable under Section 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 200Kgs. of Contraband Ganja in a Mahindra Bolero bearing Regd. No.OD07-AC-9256.
Heard, Mr. S.P. Das, learned counsel for the petitioner and Mr. P.K. Mohanty, learned ASC in the present matter and perused the record.
After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the petitioner, so also the accusations sought to be brought against the petitioner and on going through the materials placed on record and regard being had to the alleged recovery of such a huge quantity of Contraband Ganja, which is coming under commercial quantity from the possession of the petitioner and consequent failure of the petitioner to satisfy the conditions of Section 37 of NDPS Act, which is mandatorily required for grant of bail, this Court is not inclined to grant bail to the petitioner.
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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