Baliar Bhuja Sahu v. State of Odisha
Case at a glance
- Bench
- V NARASINGH
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 s. 20(b)(ii)(C)
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 1212. With the aforesaid order, this BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS
Judgment
Mr. S. K. Pradhan, Advocate -versus- State of Odisha …. Opposite Party Mr. K. K. Gaya, ASC CORAM: JUSTICE V. NARASINGH Order No.
Heard learned counsel for the Petitioner and the learned ORDER 04.01.2023 counsel for the State.
The Petitioner is an accused in T.R No.87 of 2020 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Jeypore, arising out of Jeypore Sadar P.S. Case No.229 of 2020 for commission of offence under Section 20(b)(ii)(C) of the N.D.P.S Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Judge, Jeypore by order dated 03.05.2022 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that in the meanwhile six prosecution witnesses have been examined out of whom independent witnesses have not supported the prosecution and P.Ws.4 and 5 the Home Guard and Havildar have not been able to identify the accused in the Court.
Hence, it is stated that further continuance of the Petitioner in custody is not warranted.
Learned counsel for the State opposes the prayer, inter alia, relying on the statement of P.W.6-ASI and submits that he has supported the prosecution and there are other materials witnesses. Hence, during currency of trial, the Petitoner ought not to be released on bail keeping in view that net wet of contraband ganja seized is 256 Kgs.
Considering the rival submissions, this Court is not inclined to entertain this bail application at this stage.
Since accused Petitioner is in custody since 28.11.2020, learned Court in seisin is requested to conclude the trial within a period of three months from the date of receipt/production of the copy of this order.
It shall be open to the Petitioner to renew his prayer for bail in the event the trial is not concluded within the time stipulated and the same shall be considered on its own merit without being influenced by the earlier rejection or the order passed by this Court.
Registry is requested to communicate this order to the learned Court in seisin over the matter.
With the aforesaid order, this BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.