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Judgment
G. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
This is a successive application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special Task Force P.S. Case No.13 of 2022 pending in the file of learned Special Judge, Bhubaneswar, for commission of offences punishable under Sections 20(b)(ii)(C)/29 of NDPS Act, on the allegation of facilitating the co-accused for transporting 1010Kgs of Contraband Ganja.
Mr. D.K. Sahoo, learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence, but he has been falsely implicated in this case. It is further submitted that the petitioner was neither apprehended from the spot nor was found in possession of any Contraband Ganja and thereby, the petitioner’s implication being on the basis of the inadmissible materials, he may kindly be granted bail.
On the other hand, Mrs. S.R. Sahoo, learned ASC submits that the bail application of the petitioner was earlier rejected by this Court by an order passed on 21.02.2023 and there is no change in circumstance in the meanwhile to consider the bail application of the petitioner. It is also submitted by learned ASC that the petitioner was earlier involved in Pattapur P.S. No. 213 of 2021 for similar type of offence and thereby, he having failed to discharge the twin conditions of Section 37 of NDPS Act, his bail application may kindly be rejected.
After having considered the rival submissions upon perusal of record, this Court finds that the bail application of the present petitioner was earlier rejected by this Court on 21.02.2023 in BLAPL No. 7643 of 2022 and in the meanwhile, there is no change in circumstance. Besides, the petitioner is unable to discharge the twin conditions of Section 37 of the NDPS Act in view of fact of his alleged involvement in Pattapur P.S. Case. No.213 of 2021 for similar type of offence. In view of the aforesaid discussion and taking into consideration seizure of huge quantity of Contraband Ganja to the tune of 1010 Kgs., this Court declines to grant bail to the petitioner.
Hence, the bail application of the petitioner stands rejected.
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