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Judgment
 S. K. Sahoo, J
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 Cr.P.C. for grant of bail to the petitioner in connection with P.R. Case No.45 of 2018-19 of the Sub-Inspector
of Excise Sadar Mobile, Sundargarh corresponding to 2(a) C.C. No.8 of 2018 pending in the Court of learned Sessions Judge -cum- Special Judge,
Sundargarh for offence punishable under section 20(b)(ii)(B) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Special Judge, Sundargarh which was rejected on 02.11.2018.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 06.08.2018 and it is the prosecution case that 5 kgs. of ganja
was seized from the possession of the petitioner. He further submitted that in the meantime, the investigation has made substantial progress and since
the quantity of ganja alleged to have been seized from the possession of the petitioner is lesser than commercial quantity, the bar under section 37 of
the N.D.P.S. Act is not applicable and therefore, taking into account the period of detention of the petitioner in judicial custody, the bail application of
the petitioner may be favourably considered. He files the copy of the seizure list which is taken on record.
Learned counsel for the State has produced the case diary and opposed the prayer for bail.
Considering the submissions of learned counsel for the respective parties, the nature of accusation against the petitioner, the quantity of ganja seized
from the possession of the petitioner, absence of bar under section 37 of the N.D.P.S. Act for such quantity and taking into account the period of
detention of the petitioner in jail custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties
each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just
and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.