K. LYER Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is a successive application under Sec. 439 of the Cr.P.C. of the Petitioner-K. Lyer in connection with Jeypore Sadar P.S. Case No. 233 of 2020 corresponding to T.R. Case No. 89 of 2020 pending in the court of learned Sessions Judge-cum-Special Judge, Koraput-Jeypore for the alleged commission of offences punishable under Sec. 20 (b) (ii) (c) of the NDPS Act.

(2.) Mr. Sabyasachi Mishra, learned counsel for the Petitioner submits that the Petitioner is in custody since 1/12/2020 on the allegation that he was transporting 56 kilos of ganja in a Wagon R car and the other co-accused, G. Murugan has been released on bail by this Court vide order dtd. 19/10/2022 passed in BLAPL No. 2453 of 2021. He further submits that keeping in view the long detention of the Petitioner in custody, he may be released on bail and that in many similar cases the Hon'ble apex Court has allowed the prayer for bail on the ground of delay in trial.

(3.) His further submission is that the trial has started in the case but only 3 witnesses have been examined and they have not supported the prosecution case for which they have been cross-examined by the Additional Public Prosecutor and he will file copies of these depositions after serving copy on the learned State Counsel.