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Orissa High CourtBLAPL/9142/2022rejected

Milikshya Tandi v. State Of Odisha

2022-12-13Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9142 of 2022 Milikshya Tandi ....

Petitioner Mr.M.K.Chand, Advocate -versusState of Odisha .... Opp.Party Mr.K.K.Das, ASC

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

13.12.2022 Order No.

4.

1.

The matter is taken up through Hybrid mode.

2.

Heard Mr.Chand, learned counsel for the Petitioner and Mr.Das, learned Additional Standing Counsel for the State.- Opposite Party.

3.

It is submitted on behalf of the Petitioner that despite he is inside custody for more than three years, till date the trial is not completed.

4.

In this regard, a report was called for from the trial court and the learned Special Judge in his letter dated 3rd December, 2022 has mentioned that three witnesses in the meantime have been examined.

5.

Considering the embargo contained in Section 37(1)(b) of the N.D.P.S. Act vis-à-vis the quantity of contraband ganja, which attracts commercial amount, I am not inclined to release the Petitioner on bail by differing from the earlier orders passed by this Court. Accordingly, the prayer for bail is rejected.

6.

However, considering the delay in completion of trial, learned trial court is directed to complete the trial on or before 30th April, 2023 and report compliance.

7.

Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge C.R.Biswal