Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6836 of 2024
Kamaraj @ Kamraj Kanhar
… Petitioner
Mr. A. Tripathy, Advocate
-versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 21.04.2025
05.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is an application U/S.439 of the CrPC, by the petitioner for grant of bail in connection with Sadar Excise Station PR Case No.12 of 2024-25 corresponding to 2(a) CC No.09 of 2024 pending in the Court of learned Special Judge, Phulbani, for commission of offences punishable U/S.20(b)(ii)(c) of the NDPS Act, on the allegation of possessing 71 kgs of Contraband Ganja.
3. Heard, Mr. Amitav Tripathy, learned Counsel for the petitioner and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record.
4. The bail application of the Petitioner is, however, pressed on the ground of delay in commencement of trial, but the report submitted by p. 2 the learned Special Judge, Kandhamal at Phulbani reveals that the case was posted on 16.12.2021, 17.03.2025 and 21.04.2025, but the trial could not commence.
5. In view of the above facts and after having considered the rival submissions and on going through the materials placed on record and regard being had to the recovery and seizure of Contraband Ganja to the tune of 71 Kgs, which is coming under commercial quantity and consequent failure of the Petitioner to satisfy the conditions of Section 37 of the NDPS Act, this Court is not inclined to grant bail to the petitioner.
Hence, the bail application of the petitioners stand rejected. It is, however, open to the Petitioner to renew his prayer for bail, if the witnesses are not examined within three months hence.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per Rules. A copy of this order be immediately communicated to the learned Additional Sessions Judge-Cum-Special Judge, Kandhamal at Phulbani for compliance.
(G. Satapathy)
Judge
Jayakrushna