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Judgment
B. P. Routray. J
The matter is taken up through Hybrid mode.
Heard Mr.Dwibedi, learned counsel for the Petitioner and Mr.Das, learned Additional Standing Counsel for the State.
This is an application under Section 439 Cr.P.C. and the offences alleged are under Sections 20(b)(ii)(C)/29 of the N.D.P.S. Act for alleged possession of contraband ganja weighing 57Kg. 600 grams.
Upon hearing both parties, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the N.D.P.S. Act,
Accordingly, the prayer for bail is rejected.
It is submitted that though the Petitioner is inside custody since 27th September, 2019, but trial is not completed and in the meantime only nine witnesses have been examined.
Thus considering long detention of the Petitioner inside custody and slow progress in trial, it is directed to release the Petitioner on interim bail in C.T. Case No.43 of 2019 arising out of Phiringia P.S.Case No.84 of 2019 by learned Special Judge, Phulbani for a period of three months from the date of his release on such terms and conditions as the learned Special Judge may deem fit and proper, including the conditions that the Petitioner shall furnish two sureties (with proper identification) out of which one shall be his relative and that, the Petitioner shall not be involved in any other offence while on interim bail and he shall attend the trial court on each date fixed.
It is made clear that the Petitioner shall surrender before the court below on or before 1st August, 2023, failing which learned court below shall take all necessary steps including issuance of NBW of arrest to apprehend him.
The bail application is disposed of.
Urgent certified copy of this order be granted in course of the day.
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