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Judgment
V. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with Spl. G.R. Case No.178 of 2023, pending in the Court of learned Sessions Judge-Cum-Special Judge, Malkangiri arising out of Malkangiri P.S. Case No.466 of 2023, for commission of alleged offences under Section 20(b)(ii)(C)/25 of NDPS Act for possessing 50 kg of Ganja.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Spl. Judge, Malkangiri by order dated 01.09.2023 in the aforementioned case, the present BLAPL has been filed.
Taking into account the contraband seized is to the tune of 50 Kg, this Court is of the considered view that in terms of the stipulation in Section 37 of the NDPS Act, it would not be prudent to consider the application for bail, during currency of investigation without having the benefit of evaluation of incriminating materials qua the petitioner, post charge sheet by the learned Court in seisin.
The petitioner is at liberty to move the learned Court below after filing of charge sheet. The same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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