SHAIKH SHAKIL Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with 2(a).C.C. Case No.86 of 2022(N) arising out of Excise, EI and EB (SD), Unit-II, Berhampur P.R. Case No.574 of 2022-23 pending in the file of learned Sessions Judge-Cum-Special Judge, Ganjam, Berhampur, for commission of offences punishable under Ss. 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 120Kgs of Contraband Ganja in a TATA SAFARI GX bearing Registration No.MH-12-GR-8990 along with co-accused persons.

(3.) In the course of hearing of bail application, Mr. S.K. Nath, learned counsel for the petitioner by referring to the period of custody of the petitioner in jail for last one year, submits that despite long custody of the petitioner, the trial has not commenced and, thereby, the Article 21 which relates to personal liberty of a person has been seriously violated and Mr. Nath accordingly seeks for bail to the petitioner on the ground of detention.