Bail under the N.D.P.S. Act requires the court to find reasonable grounds for believing the accused is not guilty and is not likely to commit further offenses while on bail.

JUDGMENT

B.P. Routray, J.

1. Present Petitioner is in custody for alleged commission of offences under Sections 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 dated 15th September, 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 dated 10th March 2021 has been submitted in the meantime indicting offences under (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 Section 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 dated 16th August 2021, 9th August 2021, 27th April 2022 and 4th May 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 11th January 2022 in BLAPL No. 8291/2020, but subsequently he is released on bail in No.3935/2022 by order dated 4th August 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 14th July 2021 in BLAPL No. 7144/2020, on 27th August 2021 in BLAPL No. 6351/2021 and on 13th July 2022 in BLAPL No. 9826/2021, though he was granted interim bail for a period of three months for delay in completion of trial.

The prayer for bail of the Petitioner was earlier rejected on 14th July 2021 in BLAPL No. 7149/2020, on 19th May 2022 in BLAPL No. 6352/2021 (though he was granted interim bail for a period of three months for delay in completion of trial), and on 9th November 2022 in BLAPL No.8474 of 2022.

While considering the prayer for bail of the Petitioner in BLAPL No.8474 of 2022, a submission was made claiming parity as some of the co-accused persons have been released on bail. This Court, considering the effects of orders passed in BLAPL No.7306 of 2020, 8220 of 2020, 8040 of 2020 and 8511 of 2020 in favour of co-accused persons, rejected such contention of the petitioner by order dated 9th November 2022 stating that none of the bail orders of co-accused persons deal with the provisions contained in Section 37 of the N.D.P.S. Act and as such, those orders cannot be considered as the ground of parity in respect of the present Petitioner. The Petitioner did not choose to challenge said order dated 9th November 2022.

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

4. Against the rejection of his prayer for bail passed in order dated 31st January 2023, the Petitioner approached Hon’ble Supreme Court in Criminal Appeal No.1503/2023 (arising out of SLP (Crl) No.3241/2023). The Supreme Court by order dated 15th May 2023 remanded the matter back to this Court with directions to pass fresh order. The