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Judgment
G. Satapathy, J.
This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Pattapur PS Case No.494 of 2025 corresponding to G.R. Case No. 73 of 2025(N) pending in the file of learned Sessions Judge-cum-Special Judge, Berhampur, for commission of offences punishable U/Ss. 20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 106 Kgs 600Grams of Contraband Ganja in a Bajaj Passenger Auto bearing Regd. No. ODO7-K-7820.
Herad Mr.Amit Prasad Bose, learned counsel for the petitioner and Mr.P.Satapathy, learned Addl. PP in the matter and perused the record.
One of the grounds under which bail is sought for to the petitioner is for non-submission of CE report, but the petitioner is allegedly found transporting 106 Kgs 600Grams of Contraband Ganja which is well above the commercial quantity. Sec. 37 of NDPS Act prescribes that no person accused of offence under NDPS Act involving commercial quantity shall be released on bail; where the public prosecutor opposes such bail application, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and he is unlikely to commit offence while on bail.
No doubt, the petitioner has been charge sheeted in this case, but the CE report is yet to be submitted, however, that may not be a ground to grant bail, more particularly when the petitioner has failed to satisfy the conditions of Sec. 37 of NDPS Act from a bare conspectus of materials placed on record.
In the result, the bail application of the petitioner stands rejected and the BLAPL stands disposed of. The concerned Forensic Laboratory is hereby impressed upon to submit the CE report at the earliest and the learned State counsel is requested to communicate to such Laboratory for early submission of CE report to the learned trial Court.