Soumen Rana vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special Case No.57 of 2023, arising out of Jaleswar P.S. Case No.91 of 2023 pending in the file of learned Additional Sessions Judge, Balasore for commission of offence punishable under Section 21(c) of the NDPS Act, on the allegation of transporting 302 Grams of Brown Sugar in a Maruti Suzuki Desire Car bearing Regd. No. WB-34-BF-7677, along with co-accused persons.

Heard, Mr. Chandan Samantaray, learned counsel for the Petitioner and Mr. T.K. Praharaj, learned Standing Counsel in the matter and perused the record.

Mr. Samantaray, learned counsel for the Petitioner submits that the Petitioner is in custody since 27. 02.2023 and in the meanwhile, charge-sheet has already been submitted, but trial is yet to commence and, therefore, the Petitioner may kindly be granted bail. On the other hand, Mr. Praharaj, learned Standing Counsel submits that the case record was put up on 11.12.2023 and 12.12.2023 for trial and, therefore, the bail application of the Petitioner should be turned down.

After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the Petitioner, so also the accusations sought to be brought against him and regard being had to the seizure of 302 Grams of Brown Sugar from the Car in occupation of the Petitioner and the quantity of Brown Sugar seized in this case being commercial in nature and failure of the Petitioner to satisfy the conditions of Sec. 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage, when the trial has already commenced in terms of the rejection order of the trial Court.

Hence, the bail application of the petitioner stands rejected.

Accordingly, the BLAPL stands disposed of.

Issue certified copy of the order as per Rules.

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