Tapan Rout vs State Of Orissa

S. K. Panigrahi, J

This matter is taken up by virtual mode.

Heard, learned counsel for the petitioner and learned counsel for the State.

The petitioner being in custody in connection with P.R. Case No.139 of 2019 arising out of E.I & E.B, Unit-I, Cuttack, pending in the court of the

Learnedd District and Sessions Judge, Cuttack, registered for the alleged commissioon of offence under Section-20(b)) (ii)(C)of the NDPS Act,, has

filed this application under Section 439 of CrPC for his release on bail.

The briief facts of the case is that on 25.09.2019, the informant upon receiving credible information of the transportaation of contraband article,

appprehended a Hyundai Santro car bearing registtration no. OR-02-AW-3773. On searching, 210 Kgs of Ganja was recovered.

Learned counsel for the petitioner subbmits that a prima faciie case is not made out against thhe petitioners due to lacck of evidence. Further, the

petitiooner was the driver of the car but was not present on thhe day of the recovery of the contraband ganja.

Learnedd counsel for the State vehemently opposed the bail prayer of the petitioner.

Consideering the nature and gravity of thee accusation, character of evidence appearing against thee petitioners, the stringeent punishment provided

and also the statutory bar to grant bail under section 37(1) of the NDPS Act in an offencce of this nature without recording the satisfaction that there

are reasonable grounds for believing that the petitioner is not guilty of the offence alleged or not likely to commit any such offence, which is not

possibble to record in this case, the petitioners bail is devoid of merit. Hence their prayer for bail stands rejected.

Accordingly, the BLAPL stands dispossed of being dismissed.

Since it is submitted that out of five prosecution witnesses,, three witnesses have already been examined and the trial is in progress, learned trrial

court is directed to complete the trial within a perriod of three months if there is no other impediment. Further the petitioner is at liberty to move bail

afresh, if the trial is not completed during the aforesaid period.

As the restrictions due to resurgence of Covid-19 are continuingg, learned counsel for the parties may utilize a printout of the order available in the

High Coourt’s website, at par witth certified copy, subject to attesttation by the Advocate concerned with his/her seal, in the manner prescribedd

vide Court’s Office Order dated 7th January, 2022.

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