Asina Sabar vs State Of Odisha
2023 Latest Caselaw 5544 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 BLAPL No.3347 of 2023


       Asina Sabar                                ...              Petitioner
                                                  Mr. R.K. Das, Advocate
                                     -versus-

       State of Odisha                            ...          Opposite Party
                                                         Mr. S.R. Roul, ASC

                                        CORAM:
                                 JUSTICE G. SATAPATHY

                                           ORDER

09.05.2023 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. This is a successive bail application U/S.439 of Cr.P.C. for grant of bail in connection with T.R. Case No.26 of 2021 arising out of Padmapur P.S. Case No.13 of 2021 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur, for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of possessing 385Kgs of Contraband Ganja on the side of the road to transport the same in a suitable vehicle.

3. In the course of hearing of the bail application, Mr. R.K. Das, learned counsel for the petitioner by relying upon the judgment in Mohd Muslim @

Hussain v. State (NCT of Delhi); SLP(Crl.) No.915 of 2023 disposed of on 28th March, 2023, submits that the petitioner being detained in custody for just little more than two years, his right to speedy trial is seriously affected and the petitioner, therefore, may kindly be granted bail.

4. On the contrary, Mr. S.R. Roul, learned ASC, however, submits that the trial is progressing and in the meanwhile, 5 witnesses have already been examined in this case, but the petitioner having detained with such a huge quantity of Contraband Ganja to the tune of 385Kgs, Section 37 of NDPS Act would operate as a Bar for release of the petitioner on bail.

5. After having considered the rival submissions made and taking into consideration the nature and gravity of allegation raised against the petitioner and regard being had to the seizure of huge quantity to the tune of 385 Kgs of Contraband Ganja allegedly from the possession of the petitioner and keeping in view the mandate of Section 37 of NDPS Act and the consequent failure of the petitioner to satisfy the twin conditions as mandated therein and regard being had to the law laid down by Apex Court in Narcotic Control Bureau Vrs. Mohit Agarwal; (2022) SCC Online SC 891 and taking into consideration the other circumstance

on record in entirety, this Court does not considers it proper to grant bail to the petitioner.

6. Hence, the bail application of the petitioner stands rejected.

7. Accordingly, the BLAPL stands disposed of.

8. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Subhasmita

Digitally signed by SUBHASMITA SUBHASMITA DAS DAS Date: 2023.05.10 15:16:56 +05'30'