SATYABRATA GOCHHAYAT Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with 2(a)C.C. Case No. 92 of 2022 arising out of E.I. and E.B. Unit-II, Cuttack P.R. Case No.494 of 2022-2023 pending in the file of learned Sessions Judge-cum-Special Judge, Cuttack for commission of offence punishable under Sec. 21(b) of NDPS Act, on the allegation of possessing 160 Grams of Heroin.

(3.) Mr. P.K. Parida, learned counsel for the petitioner by filing the certified copy of the advanced P.R. submits that the petitioner has been implicated in this case for commission of offence U/S 21(b) of the NDPS Act and thereby, Sec. 37 of NDPS Act would not be attracted to refuse the bail application of the petitioner. It is also submitted by the learned counsel for the petitioner that although the petitioner has been shown to have some criminal antecedents, but in none of the cases he has been implicated for similar type of offence. It is further submitted by him that the petitioner has been detained in custody since 29/11/2022 and in the meanwhile, final P.R. has already been submitted in this case and therefore, the petitioner may kindly be granted bail.