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2023 Supreme(SC) 707

SURYA KANT, DIPANKAR DATTA
Rabi Prakash – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Shyam Manohar, Adv. Ms. Kiran Pandey, Adv. Ms. Isha Yadav, Adv. Mr. Laxmi Sewak, Adv. Ms. Manju Jetley, AOR
For the Respondent(s): Ms. Sharmila Upadhyay, AOR Mr. Sarvjit Pratap Singh, Adv. Ms. Supriya R Pandey, Adv. Mr. Rajesh Sharma, Adv.

ORDER

1. The petitioner seeks his enlargement on bail in P.S.Case No.91 of 2019, registered at Police Station Semiliguda, District Koraput, out of which T.R.Case No.27 of 2019 is pending in the Court of Addl.Sessions Judge-cum-Special Judge, Koraput, for commission of offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’).

2. The prosecution case appears to be that the police party while on patrolling duty on 02.10.2019 at about 12.30 p.m. on Nandapur-Semiliguda road MDR-55, spotted one full body twelve wheeler Truck (Eicher) bearing No.EB-13-BD-5753 coming from Nandapur side at a high speed and accordingly they chased and detained the truck at Bodenga Chhak and found three persons boarded in the said truck including the driver. Eventually, 247 kg. Ganja was recovered from the truck. The petitioner was one of the occupants of the truck and was arrested at the spot. He has been in custody for more than three and a half years. There are no criminal antecedents against the petitioner.

3. We are informed that the trial has commenced but only 1 out of the 19 witnesses has been examined. The conclusion of trial w

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