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V. Narasingh, J
1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The Petitioner is an accused in connection with T.R case No. 61 of 2022, pending in the Court of learned Addl. Sessions Judge-cun-Special Judge,
Koraput, for alleged commission of offences under Sections 20(b)(ii)(c)/ 29 of NDPS Act for possessing 5185 Kgs and 300 grams of ganja.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Judge, Koraput
by order dated 19.12.2022 in the aforementioned case, the present BLAPL has been filed.
4. Taking into account the contraband seized is to the tune of 5185 Kgs and 300 grams, this Court is of the considered view that in terms of the
stipulation in Section 37 of the NDPS Act, it would not be prudent to consider the application for bail, during currency of investigation, without having
the benefit of evaluation of incriminating materials qua the petitioner, post charge sheet by the learned Court in seisin.
5. The Petitioner is at liberty to move the learned Court below after filing of charge sheet. The same shall be considered on its own merits without
being influenced by the earlier rejection or the order passed by this Court.
6. Accordingly, the BLAPL stands disposed of.
7. Urgent certified copy of this order be granted as per rules.
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