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Judgment
V. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The Petitioner is an accused in connection with T.R. Case No.61 of 2022, pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Koraput, arising out of Machhakund P.S. Case No.57 of 2022, for alleged commission of offence under Section 20(b)(ii)(C) of NDPS Act.
Being aggrieved by the order dated 06.06.2023 passed by the learned Additional Sessions Judge-cum-Special Judge, Koraput, rejecting the prayer of the petitioner for regular/interim bail, the present bail application has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 02.06.2022 on the allegation of possession of contraband to the tune of 5185Kgs 300gms (ganja).
It is the case of the Prosecution that the Petitioner was one of the occupants of the truck bearing Regd. No.CG-06-GM-6812 parked inside the Kaju jungle from which the contraband was seized.
Learned counsel submits that because of long period of incarceration of the Petitioner, he is entitled to be released on bail.
Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act.
Taking into account that prima facie the offence is well made out, this Court is not inclined to entertain the bail application of the Petitioner at this stage.
It is needless to state that the observation made herein are only for the purpose of consideration of bail application of the Petitioner. The same ought not to be construed as expressing any opinion regarding the complicity of the Petitioner which has to be adjudged in the impending trial.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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