Satrudhan Sah v. Mr. P.K Maharaj, ASC

Mr. B. Sahoo, Advocate -versus- …. Opposite Party Mr. P.K Maharaj, ASC CORAM: JUSTICE V. NARASINGH ORDER 12.09.2023 Order No.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with T.R. Case No.5 of 2023, pending before the Court of the learned Addl. District & Sessions Judge, Kuchinda, arising out of P.R. No.95/2023-24 of 2023 for alleged commission of offences under Sections-20(b)(ii)(C) of the NDPS Act for possessing 42 k.g of Ganja.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Dist. & Sessions Judge, Kuchinda by order dated 05.08.2023 in the aforementioned case, the present BLAPL has been filed.

Taking into account the contraband seized is to the tune of 42 Kg of ganja, this Court is of the considered view that in terms of the stipulation in Section 37 of the NDPS Act, it would not be prudent to consider the application for bail, during currency of investigation without having the benefit of evaluation of incriminating materials qua the petitioner, post charge sheet by the learned Court in seisin.

The petitioner is at liberty to move the learned Court below after filing of charge sheet. The same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Soumya Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 15-Sep-2023 07:05:22