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Judgment
10 paragraphs · 292 wordsSavitri Ratho, J
This application under Section 439 of Cr.P.C. in connection with P.R. No. 210 of 2023-24 of EI & EB, Unit-II (SD), Berhampur corresponding to 2(a)CC No. 23 of 2023(N), pending in the file of the learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar, District-Ganjam under Sections 20 (b) (ii) (C) of the NDPS Act.
The prayer for bail of the petitioner has been rejected vide order dated 14.12.2023 passed by the learned Special Judge, Bhanjanagar in 2(a)CC No. 23 of 2023(N).
The prosecution allegation in brief against the petitioner is that on 18.07.2023 at about 3 A.M., Inspector of Excise, EI & EB, Unit-II (SD), Berhampur and his staff members intercepted a car bearing Registration No. OR 02BA 2316 which was proceeding towards Bhubaneswar from Dimiriguda, Kandhamal district. They detained the TATA Indigo car near Tanarada Chhak on the road from Bhanjanagar to Bellaguntha. On search, 100 kgs. of ganja was recovered from the vehicle. As he could not produce any authority for possession of the said ganja, the ganja was seized and he was arrested.
Mr. Kartik Chandra Tripathy, learned counsel for the petitioner submits that the petitioner is in custody since 19.07.2023 and chargesheet has already been submitted.
Considering the allegations against the petitioner that he was travelling in a car for which 100 kg. of ganja has been seized and in view of the bar under Section 37 of the NDPS Act, I am not inclined to release the petitoner on bail.
The BLAPL is accordingly dismissed.
It is open to the petitoner to move for bail afresh in case there is undue delay in commencement of trial.
Urgent certified copy of this order be granted on proper application.
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