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Judgment
B. P. Routray, J
Heard Mr.B.R.Das, learned counsel for the Petitioner and Mr.P.C.Das, learned counsel for the State.
The Petitioner submits that two other co-accused persons namely, Simanchal Gouda and Banabasa Jena have been released on bail by this Court
by order dated 16th August, 2021 and 9th August, 2021 passed in BLAPL No.7306 of 2020 and BLAPL No.8040 of 2020 respectively. It is further
submitted that the present Petitioner who is standing on the same footing with those co-accused persons may also be released on bail.
Having heard the learned counsel for the State and upon perusal of the bail orders of those co-accused persons, it is found that the provision under
Section 37(1)(b) of the N.D.P.S. Act has not been dealt with in the same. Therefore their release cannot be considered as a ground of parity in
respect of the present Petitioner.
It is needless to say that when the alleged seizure of contraband involves commercial quantity, prima facie the embargo under Section 37(1)(b) of
the N.D.P.S. Act applies and as such, I am not inclined to release the Petitioner on bail by differing from earlier order dated 14th July, 2021 passed in
BLAPL No.7144 of 2020. Accordingly, the prayer for bail is rejected.
An urgent certified copy of this order be granted on proper application.
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