Sameer Sabar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6807 OF 2022 Sameer Sabar .........

Petitioner Mr. B.R.Das, Adv.

-versusState of Odisha .........

Opposite Party Mr. P.K.Maharaj, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

04.08.2022 Order No.

O1.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The petitioner is an accused in connection with Mohana Case No. 64 of 2021 corresponding to G.R. Case No. 51 of 2021, pending on the file of the learned Special Judge, Gajapati, for commission of the alleged offence under Sections 20(b)(ii)(C)/ 25/29 of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Spl. Judge-cum-Addl. Sessions Judge, Paralakhemundi, Gajapati by order dated 4.07.2022, the present BLAPL has been filed.

5.

Taking into account the quantity of contraband seized which is 115 Kgs. (Ganja) and the petitioner being apprehended at the spot, this Court is not inclined to entertain this application, the same is

accordingly stands rejected in view of the bar contained under Section 37 of the NDPS Act.

6.

It is submitted by learned counsel for the petitioner that the petitioner is in custody since 7.03.2021 and the trial has not commence. 7.

The learned court in seisiin over the matter is called upon to expedite the trial.

8.

It shall be open to the petitioner to move afresh after examination of material witnesses.

(V.Narasingh) Judge Dhal