HAZIZ ABDULLAH Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) The Petitioner being in custody in connection with Muniguda P.S. Case No.53 of 2018 corresponding to C.T. Case No.23(A) of 2018 on the file of learned Addl. Sessions Judge-cum-Special Judge, Gunupur, running for alleged commission of offence under Sec. -20(b)(ii)(C) of the NDPS Act, has filed this application under Sec. -439 of the Cr.P.C. for his release on bail in the above mentioned case.

(3.) Learned Counsel for the Petitioner submits that although the Petitioner is in custody since 12/9/2022, yet the trial in the case has made no such substantial progress. He further submits that when other co-accused persons similarly situated with the Petitioner have been released on bail, this Petitioner is languishing in custody. He further submits that if the materials on record are plainly assessed, this Petitioner can be said to be rather on a lesser footing than those who have been released on bail. In view of all these above, according to him the bar contained under Sec. -37 of the NDPS Act at this stage does not stand on the way of grant of bail to the Petitioner and therefore, when there remains no scope on the part of the Petitioner to flee from justice and the question of tampering the evidence does not arise as most of the witnesses are officials; he urges for reconsideration of the prayer for grant of bail to the Petitioner.