High Court of Orissa at Cuttack (V. Narasingh, J.), 09.04.2024 - Common disposal of BLAPL No. 305 of 2024 (Chandra Khila) and BLAPL No. 527 of 2024 (Dambaru Khilla), heard together as both arise from Chitrakonda P.S. Case No.59 of 2022 (Special G.R. Case No.79 of 2022 pending before the Sessions Judge-cum-Special Judge, Malkangiri) for alleged offences under Section 20(b)(ii)(C) of the NDPS Act, with contraband (Ganja) to the tune of 1700 Kgs 500 gms. These were the third bail attempts of both accused; Chandra Khila's earlier applications were rejected on 18.01.2023 (BLAPL No.11786 of 2022) and 02.08.2023 (BLAPL No.4955 of 2023), and Dambaru Khila's earlier applications were disposed of on 08.05.2023 (BLAPL No.11688 of 2022) and rejected on 07.11.2023 (BLAPL No.5718 of 2023); the applications under appeal had been rejected under Section 439 Cr.P.C. on 23.11.2023 and 11.01.2024 respectively. Counsel renewed the bail prayer alleging tardy trial progress and, from scrutiny of the depositions of P.Ws.1 to 9, contended the absence of conscious and exclusive possession of the contraband. Finding sufficient force in the State counsel's objection that such grounds cannot be urged during the currency of trial, and relying on the Apex Court judgment in State by the Inspector of Police vs. B. Ramu (SLP(Crl.) No(s).8137 of 2022, dated 12.02.2024) and weighing the contraband quantum, the stage of trial and the nature of allegations, the Court declined to entertain the bail applications at this stage. Per the Special Judge's report of 30.03.2024, six months were sought to conclude the trial; 11 witnesses had been examined, 2 of 26 prosecution-cited witnesses were declined, leaving 13. The Court requested conclusion of the trial within six months and granted the first-offender Petitioners liberty to renew their prayer before the trial court if the trial remained unconcluded, to be considered on its own merit. Observations in the order were expressly confined to the bail question. The BLAPLs accordingly stood disposed of.
