BIRANCHI BARIK Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) This is a successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special G.R. Case No. 08 of 2021 arising out of Baadagada P.S. Case No. 61 of 2021 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar for commission of offences punishable Under Ss. 20(b)(ii)(C), on the allegation of transporting 144 Kgs of Contraband Ganja in a vehicle.

(3.) In the course of hearing of the bail application, Mr. B.K. Sharma, learned counsel for the Petitioner by drawing attention of the Court to the deposition of one witness submits that the Petitioner was not being identified by the witness in the trial Court and, thereby, the complicity of the Petitioner in this case is out an out false and Sec. 37 of NDPS Act would not operate as a Bar for his release on bail. It is further submitted that even for a moment, if the allegation on record are taken into consideration, the Petitioner being the cleaner of the vehicle has no knowledge about transportation of Contraband Ganja in the vehicle which was carrying pizza, biscuits, burger and biriyani and the Petitioner having already detained in custody for near about one and half years, may kindly be granted bail.