Deolal Gandda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.72 of 2022 Deolal Gandda ....

Petitioner Mr. B.Maharatha Advocate -versusState of Odisha ....

Opposite Party Mr.P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.6.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 30th November, 2021 in connection with Boipariguda P.S.

Case No.199/2021 corresponding to T.R. Case No.103/2021 pending in the court of learned District Judge-cum-Special Judge, Jeypore for the alleged commission of the offence under Section 20 (b) (ii) (C) of the NDPS Act.

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4. It is alleged that the Petitioner was carrying contraband ganja weighing 49 kgs. 800 grams in a motorcycle when he was apprehended by Police out of which, 24 kgs. 800 grams was recovered from the Petitioner. It is submitted that the Petitioner had no complicity in the alleged crime and the entire case has been foisted against him by the Police falsely.

5. Considering the submissions made, the materials on record and the period of detention of the Petitioner in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge