PRADHANI JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Present Petitioner is in custody for alleged commission of offences under Ss. 20(b)(ii)C, 25, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act in connection with K. Nuagaon P.S. Case No.53 dtd. 15/9/2020 corresponding to C.T. Case No. 48/2020 pending before the learned Special Judge - cum - Addl. Sessions Judge, Baliguda for possession and transportation of contraband Ganja weighing 113Kg. 540grams in an Ashok Leyland Pick-up vehicle escorted by one Bajaj Pulsar Motorcycle and one Tata Indica Car. The Charge-sheet dtd. 10/3/2021 has been submitted in the meantime indicting offences under Ss. 20(b)(ii)C, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act. Seven accused persons including present Petitioner were arrested.

(2.) All the accused persons moved for bail under Sec. 439 Cr.P.C before this Court in different bail applications at different points of time. The bail applications were dealt by different Benches of this Court. Co-accused persons namely, Simanchal Gouda, Banabas Jena, Situnu Swain and Gopabandhu Digal have been released on bail by order dtd. 16/8/2021, 9/8/2021, 27/4/2022 and 4/5/2022 in BLAPL No. 7306/2020, 8040/2020, 8220/2020 and 8511/2020 respectively. In respect of co-accused Santosh Gouda, his prayer for bail was rejected initially on 11/1/2022 in BLAPL No. 8291/2020, but subsequently he is released on bail in BLAPL No.3935/2022 by order dtd. 4/8/2022. The prayer for bail by the present Petitioner (Pradhani Jani) and another co-accused namely, Ranjan Jani@Tuna Jani was dealt by this Bench earlier. The prayer for bail of Ranjan Jani@Tuna Jani, the co-accused, was rejected by this Bench on 14/7/2021 in BLAPL No. 7144/2020, on 27/8/2021 in BLAPL No. 6351/2021 and on 13/7/2022 in BLAPL No. 9826/2021, though he was granted interim bail for a period of three months for delay in completion of trial.

(3.) Subsequently, the Petitioner filed the present bail application on 22/11/2022 and this Court by order dtd. 31/3/2023 rejected his prayer for bail keeping in view the embargo contained in Sec. 37(1)(b) of the N.D.P.S. Act.