Vijay Singh @ Vijay vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.47 of 2020 arising out of Mohana P.S. Case No.137 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Paralakhemundi for offences punishable under sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act.

The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge -cum- Special Judge, Paralakhemundi vide order dated 15.02.2024.

It is a case of seizure of 528 kgs. 600 grams of contraband ganja in nineteen plastic jerry bags from the possession of the petitioner.

The status report furnished by the learned trial Court dated 10.07.2024 indicates that out of thirteen charge sheet witnesses, ten witnesses have already been examined including the complainant and the Executive Magistrate and the learned Special Public Prosecutor (NDPS) has proposed to examine only the I.O. in the case and the trial date is posted to 12.07.2024 for examination of the I.O.

In view of the progress of the trial and the quantity of ganja seized and bar under section 37 of the N.D.P.S. Act, I am not inclined to release the petitioner on bail. The prayer for bail of the petitioner stands rejected. However, the learned trial Court is directed to expedite the trial and conclude the same within a period of two months after the examination of the last witness by the prosecution. The petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within the aforesaid period.

Accordingly, the BLAPL is disposed of.

A copy of the order be communicated to the learned trial Court for compliance.

Urgent certified copy of this order be granted on proper application.

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