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Judgment
Savitri Ratho, J
This application under Section 439 of the Cr.P.C. has been filed in connection with District Mobile Unit Bhubaneswar P.R. No. 168 of 2023-24 corresponding to T.R. Case No. 485 of 2023 pending in the Court of the learned District & Sessions Judge, Khurda at Bhubaneswar under Sections 21 (b) of the N.D.P.S. Act.
The prosecution allegations in brief against the petitioner are that on 16.09.2023 at about 11.30 A.M. when the Inspector of Excise and his team were performing patrolling duty near Dayanadi Bridge area, they noticed the petitioner coming on a motor cycle from Dhauli side towards Cuttack Bypass road. On seeing the patrolling team, he tried to escape from the spot but he was detained and on search, 82 grams of heroin was recovered from his conscious possession. As he could not produce any authority, the heroin was seized and he was arrested.
Perusal of the rejection order reveals that the investigation was in progress. I am therefore not inclined to entertain the prayer for bail at this stage.
The BLAPL is dismissed granting liberty to the petitioner to move for bail afresh after completion of investigation.
Urgent certified copy of this order be granted on proper application.
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