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Judgment
G. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with T.R. Case No.8(B) of 2008 arising out of Nayagarh P.S. Case No.297 of 2007 pending in the file of learned District and Sessions Judge, Nayagarh for commission of offences punishable under Section 20(b)/25 of NDPS Act, on the allegation of transporting 292Kgs 850Grams of Contraband Ganja along with co-accused persons.
In the course of hearing of the bail application, Mr. J. Sahoo, learned counsel for the petitioner submits that the petitioner was neither apprehended from the spot nor was any Contraband Ganja recovered from his exclusive possession and three co-accused persons having already acquitted in this case, Section 37 of NDPS Act would not operate as a Bar for release of the petitioner on bail.
On the other hand, Ms. S.R.Sahoo, learned ASC, however, strongly opposes the bail application of the petitioner on the ground of his long abscondance and the manner of his implication in this case for commission of offences punishable under Section 20(b)(ii)(C)/25 of NDPS Act and thereby, Section 37 of the NDPS Act would operate as a bar for release of the petitioner on bail.
After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the long abscondance of the petitioner for near about 15 years and keeping in view the nature and strength of supporting materials available on record and taking into account the detection and seizure of 292Kgs 850Grams of Contraband Ganja which is coming under commercial quantity and consequent failure of the petitioner to satisfy the twin conditions as mandated under Section 37 of NDPS Act, this Court does not consider it proper to grant bail to the present petitioner.
Hence, the bail application of the petitioner stands rejected. In view of the request made, trial be expedited.
Accordingly, the BLAPL stand disposed of.
Issue urgent certified copy of the order as per Rules.
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