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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is accused in connection with C.T Case No.59 of 2023 pending on the file of the learned Special Judge, Phulbani, arising out of Phiringia P.S Case No.51 of 2023 for commission of the offence under Section 20(b)(ii)(C)/25/29 of the N.D.P.S Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Special Judge, Phulbani by order dated 5.4.2023, the present BLAPL has been filed.
Since the consideration by the learned Court below was during the currency of investigation and taking into account the contraband seized is to the tune of 75 Kg. of ganja and keeping in view the stipulations under Section 37 of NDPS Act, this Court is not inclined to entertain this bail application at this stage without having the benefit of consideration of material qua the accusation vis-à-vis the Petitioner being evaluated by the learned Court in seisin post charge sheet.
Liberty is given to the Petitioner to renew his prayer before the learned Court in seisin post charge sheet, which shall be considered on its own merit.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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