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Judgment
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 Info Valley P.S. Case No. 86 of 2023 corresponding to T.R. Case No.157 of 2023 pending in the file of learned 5th Addl. District & Sessions Judge, Bhubaneswar for commission of offences punishable under Sections 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 22Kgs of Contraband Ganja in a Autorickshaw along with three other co-accused persons.
Heard Mr.A.S.Paul, learned counsel for the petitioner Mr.S.S.Pradhan, learned AGA in the matter and perused the record.
It is brought to the notice of the Court that the present petitioner is also involved in another case of similar nature vide Jatni P.S. Case No. 153 of 2023 corresponding to T.R. No. 230 of 2023 for commission of offence punishable U/Ss. 20(b)(ii)(C) of the NDPS Act which deals with offence involving commercial quantity of Contraband Ganja.
In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner, so also the accusation sought to be brought against him and keeping in view the involvement of the present petitioner in another case of similar nature for commercial quantity of Contraband Ganja and thereby, he being unable to satisfy the twin conditions of Section 37 of NDPS Act which is mandatory for release of accused persons for offence involving commercial quantity on bail, this Court is not inclined to grant bail to the petitioner.
Hence, the bail application of the petitioner stands rejected. Since it is submitted for the petitioner that the Court in which the case of the petitioner is pending is lying vacant, the learned District & Sessions Judge, Khurda at Bhubaneswar is hereby requested to ensure trial in this case for the petitioner by assigning the case either to himself or to any other competent Court of the Station by seeking necessary approval of this Court.
Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules.
A copy of this order be communicated to the learned District & Sessions Judge, Khurda at Bhubaneswar forthwith for compliance.
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