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Orissa High CourtBLAPL/5121/2022disposed off

Javed Mohammed v. State Of Odisha

2022-08-29Mr. Justice Sashikanta Mishra1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5121 of 2022 Javed Mohammed ....

Petitioner Mr. G.K. Mohanty, Advocate - Versus - State of Odisha ....

Opp. Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

03.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 08.03.2021 in connection with Bisam Cuttack P.S. Case No.34 of 2021 corresponding to T.R. Case No.48 of 2021 pending in the Court of learned Addl. Sessions Judgecum-Special Judge, Gunupur for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

4. Considering the fact that the seized contraband is more than commercial quantity being to the extent of 76Kg 585 grams of ganja, I am not inclined to allow the prayer for bail, which is therefore rejected.

5.

The BLAPL is accordingly rejected.

6.

However, having regard to the fact that the petitioner is in custody since 08.03.2021, learned Court below is directed to expedite the trial and in any case try and conclude the same within six months. It shall be open to the petitioner to renew his prayer, if trial is not concluded within the aforesaid period.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana