Orissa High CourtBLAPL/7383/2021disposed off

Gupteswar Nag v. State Of Odisha

2022-04-25Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7383 of 2021 Gupteswar Nag ....

Petitioner Mr. S.K. Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Mohanty, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

25.04.2022 Order No.

03.

1. This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.20(b)(ii)(C) of the NDPS Act for alleged possession and transportation of contraband ganja weighing 66 kg. 290 grams.

2. Heard Mr. S.K. Tripathy , learned counsel for the Petitioner as well as Mr. P.K. Mohanty, learned A.S.C. for the State-Opposite Party.

3. After hearing learned A.S.C. for the State-Opposite Party, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act. The prayer for bail is rejected.

4. However, it is submitted on behalf of the Petitioner that he is inside custody since 9.12.2018 and the trial is yet to complete.

5. Thus considering long period of detention of the Petitioner inside custody and the delay in commencement of trial, it is directed to release the Petitioner on interim bail for a period of

three months from the date of his release in connection with Khariar P.S. Case No.274/2018 corresponding to S.A. No.88/29 of 2018-19 on such terms and conditions to be fixed by learned Addl. Sessions Judge-cum-Special Judge, Nuapada as he deems just and proper including the condition that the Petitioner shall furnish two sureties (with proper identity proof) out of which one shall be his relative and that, he shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

6. It is made clear that the Petitioner shall surrender in the trial court on or before 28th July, 2022, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

7. The BLAPL is disposed of.

8. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik